Patient Sues Hospital for Improper Sterilization of Equipment; Kingston, MedMal Lawyer Weighs in

An out-of-state patient has filed a lawsuit against a hospital when they realized and told the patient that a medical device in an endoscopic procedure had not been properly sterilized.  Now, that is just disturbing considering an endoscopy engulfs the instrument down the patient’s throat to look at the esophagus or even down to the stomach and the top of the GI tract.  But that is not the worst part—the WORST PART is that the hospital notified the patient that he may have been exposed to HIV, Hepatitis B, and Hepatitis C.
            The lawsuit includes the injury to the patient’s family for reasonable fear and fright of contracting infectious diseases, medical expenses, loss of enjoyment of life, loss of earnings/earning capacity, mental anguish, and emotional distress while of course suing for medical negligence.
            This case is disturbing because it is something that really could happen anywhere, for any procedure whether it be a complicated endoscopy or even a simple ear exam with a scope.  While the case has just been filed and I could not find out any more details of this case, it is absolutely horrifying if these allegations are true.  Notice that the patient did sue under a lot of different theories of law to make sure that they can recover from this incident.  Theories will change after the preliminary conference, initial disclosures, discovery, and pre-trial conferences are done because the facts and circumstances around the incident will be better known. 
Moreover, the harm might not have been manifested yet, meaning, the patient might not know whether they have contracting one of those diseases.  The patient’s legal recovery will be significantly higher or lower if one of multiple diseases are contracted or not.
But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@mmolaw.net.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.