Woman awarded $11K for waking in surgery

[underpants]

http://news.yahoo.com/s/ap/20071205/ap_on_he_me/austria_awake_in_surgery

VIENNA, Austria - A court on Wednesday awarded $11,000 to a woman who said she woke up during major abdominal surgery but was unable to tell doctors she was in terrible pain.

The 62-year-old retiree in the southern Austrian province of Carinthia had demanded more than $57,000 in compensation for mental and physical suffering during the October 2002 operation, public broadcaster ORF reported.

The court rejected that amount, saying there was ruling insufficient proof that the unidentified woman regained full consciousness. It threw out her claim of malpractice.

Her lawyer had argued that the anesthesiologist forgot to attach a tube through which the patient was to be kept under sedation. The woman testified she could feel the surgeons using a scalpel and other instruments on her, but was unable to speak or move.

Wednesday's ruling ended a three-year legal battle.

[caty]

1. I think she should

have gotten more. That would be a horrific experience that she will never get over. It would be like being tortured. She should have gotten something in the hundred thousands.

[FunkyLeprechaun]

2. That's something in Europe

The medical malpractice claims are very low. If a doctor operated on the wrong side, you'll only get compensated for a little.

I remember a case a while back on the BBC where a family had sued the doctor for a botched surgery. They were expecting a HUGE monetary award but only got like 10K.

This is the reason why doctors in the US are paid SO much money, they need the money for insurance against malpractice suits.

I'm sorry to be so cold but the money is more than enough for her. It's her word against her doctors. She didn't indicate that she gained consciousness during the surgery (she was most likely in a "sleep-state" but could feel the surgery). There's a team to check on things during the surgery (including her B/P, EKG, etc) but didn't find anything amiss.