This shocking news story that was recently published may surprise you, because it discusses a medical malpractice case where the patient, who wasn’t injured physically, was able to claim malpractice for defamation and a false diagnosis. The patient may never have known about the staff’s cruel behavior if he hadn’t forgotten about having his cell phone recording. He had been recording the doctor’s discharge instructions and forgot to turn the recorder off.
When he began to listen to the recording for instructions, he discovered that his entire colonoscopy had been recorded. The anesthesiologist was recorded stating that she wanted to punch the man in the face and man him up, and she also insulted his fear of needles. On top of that, she reportedly spoke about falsifying his paperwork to show that he had hemorrhoids, even though there was nothing wrong with him.
The anesthesiologist also reportedly joked with a medical assistant that the man’s rash, which was on his genitals and had been reported to the team, could be “tuberculosis of the penis” or “penis Ebola,” and pointed out that the staff member shouldn’t accidentally rub against it.
After the man listened to the recording, he filed a lawsuit against the two doctors performing the operation and their practices. He sued for defamation and medical malpractice, which later won him $500,000 in court. The president of the American Society of Anesthesiologists reported his disappointment in the situation because guidelines from the American Medical Association and ASA both prohibit this kind of lewd behavior from doctors; patients are at their most vulnerable during these procedures, and the behavior can’t be accepted.