A recent case involved a man who was undergoing a colonoscopy at a medical facility outside the state of Florida. He was given anesthesia and had turned on his cellphone in order to record post-operative instructions. Due to additional information that was discovered on the cellphone audio, the man filed a medical malpractice claim against the anesthesiologist and another doctor and was recently awarded $500,000 by a jury.
The anesthesiologist involved in the case has reportedly been working in a Florida hospital. Reports indicate that in the aftermath of the jury’s decision, she resigned her privileges at the facility. Officials at the Florida hospital claim that they were unaware of the allegations against the anesthesiologist when they decided to employ her.
Apparently, during the medical procedure that took place in Reston, VA, the patient’s cellphone captured recorded audio that resulted in a lawsuit. The recordings provided evidence that the female anesthesiologist and a male gastroenterologist insulted and mocked the patient while he was unconscious. The doctors were also heard on the recording saying that they planned to submit a false diagnosis so as to mislead the patient and avoid having to deal with him any further.
One of the disturbing comments made by the gastroenterologist suggested that another doctor would eat the patient for lunch. Insults were also made regarding a rash the man had on his genitals, accusing him of having syphilis. After hearing what had occurred during his medical procedure, the man filed a legal claim, seeking punitive damages, as well as damages for medical malpractice and personal defamation. The jury decided the case in his favor, with one juror commenting that they wanted to help prevent this from ever happening again.
Source: orlandosentinel.com, “Trash-talking Lake County doc resigns after jury awards $500K to unconscious patient she mocked“, June 24, 2015