Can I sue the doctor and hospital for negligence because after I woke up from surgery I was soaked in my own urine due to a catheter not being used?
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Can I sue the doctor and hospital for negligence because after I woke up from surgery I was soaked in my own urine due to a catheter not being used?
I had gallbladder surgery and I woke up in recovery soaked in my own urine from
waist to feet. I was embarrassed and hurt because I woke up and heard the staff talking about me, saying how bad I smelled. A catheter should have been placed prior to my surgery. Also, I suffered even more pain because the nurse and my daughter had to move me around to clean me up. I feel so humiliated.
Asked on February 24, 2016 under Malpractice Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is embarrasing and humiliating, but the law does not provide compensation for embarrassment and humilitation in cases like this, only for actual monetary losses and significant, long-lasting physical injury (i.e. not brief pain). Even if this was malpractice, you'd not get any money for it, based on what you write. If you just want a measure of justice, file a complaint with the state board overseeing doctors and hospitals.
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