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Richard Shekter featured on AdvocateDaily.com: "Rare Decision Won't Open Legal Floodgates"

Jul 06, 2017

Just because things go wrong during surgery doesn’t mean you can sue a doctor for negligence, says Toronto litigator Richard Shekter

Not even if you wake up during surgery and feel the surgeons cutting into your abdomen and moving your internal organs around will you necessarily have grounds to sue — except in circumstances like the recent case of a Toronto woman where a doctor fails to meet the expected standard of care. 

In what is believed to be the first award for “accidental surgical awareness,” a judge ruled that the woman woke up because of an anesthetist’s negligence, reports the National Post

The woman was successful because she was able to prove that a doctor was directly at fault for her waking up – a situation that almost never happens, Shekter tells AdvocateDaily.com

Just because things go wrong during surgery doesn’t mean you can sue a doctor for negligence, says Toronto litigator Richard Shekter.  Not even if you wake up during surgery and feel the surgeons cutting into your abdomen and moving your internal organs around will you necessarily have grounds to sue — except in circumstances like the recent case of a Toronto woman where a doctor fails to meet the expected standard of care.  In what is believed to be the first award for “accidental surgical awareness,” a judge ruled that the woman woke up because of an anesthetist’s negligence, reports the National Post.  The woman was successful because she was able to prove that a doctor was directly at fault for her waking up – a situation that almost never happens, Shekter tells AdvocateDaily.com. 

 

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