A man went blind after eye surgery and questioned whether the doctor had performed the surgery on his behalf. Tri-Service General Hospital denies the blindness and questions the doctor's actions. What should be done? Attorney Li Yusheng analyzes key points of medical disputes and compensation claims.

Man goes blind after eye surgery, suspects doctor of "surgery"; Tri-Service General Hospital denies allegations. | Wu Wenyi, reporter for FTV News

News link:https://youtu.be/3pMexsvB2X8?si=Mi91mITwZyKKQucS

News Summary

A man underwent eye surgery for vitreous hemorrhage in his left eye, but subsequently went blind. The man questioned whether a different doctor performed the surgery, despite having been consulted with a specific physician, raising concerns about a possible substitution. The hospital denied the allegations.

The key point of these medical disputes is usually not just that "bad results" necessarily constitute medical negligence, but rather to further clarify: whether the risks were fully disclosed before the operation, whether the surgical consent form was clearly recorded, whether the actual surgeon met the scope of the patient's consent, and whether there is a causal relationship between postoperative blindness and the medical procedure.

Lawyer Li Yusheng explains

Attorney Li Yusheng of Fidelity Law Firm stated that the core issue in medical malpractice cases is usually whether "the physician violated the necessary duty of care in medical practice." According to Article 82 of the Medical Practice Act, if a medical professional causes harm to a patient while performing medical duties, it must be determined whether the medical practices, standards, and reasonable clinical discretion at the time and place were violated.

In other words, blindness after surgery does not necessarily mean that the doctor was at fault; however, if the patient can provide medical records, surgical records, consent forms, preoperative instructions, and professional evaluation opinions to prove that there were any deviations from medical practice, insufficient explanations, or inconsistencies between the surgeon's instructions and the consent form, they may be able to further claim civil damages.

Attorney Li Yusheng also reminded patients that if they suspect "surgical substitution," the focus should be on the surgical consent form, anesthesia record, surgical record, doctor's orders, nursing records, and the division of labor within the medical team. Patients should not rely solely on verbal impressions but should promptly apply for complete medical records in accordance with the law and seek assistance from professional lawyers and medical experts to make a judgment.

Legal Disputes and Practical Reminders

I. Surgical consent forms are more than just signatures.

Article 63 of the Medical Care Act stipulates that medical institutions performing surgery must explain the reasons for the surgery, its success rate, possible complications and risks, and obtain the consent of the patient or relevant personnel. Even if a patient signs a consent form, but the information is not fully explained, disputes may still arise regarding the completeness of the "informed consent" agreement.

II. Poor postoperative results do not necessarily equate to medical malpractice.

Medical procedures inherently carry risks. Courts or expert witnesses typically assess whether the physician followed standard medical practice, made reasonable clinical judgments, and addressed complications promptly, rather than solely determining liability based on the outcome.

Third, if you suspect that someone else performed the surgery, you should first preserve the medical records.

If a patient suspects that the surgeon's actions differed from the pre-operative instructions, they should promptly request medical records, surgical records, anesthesia records, nursing records, pre-operative instructions, and receipts. These documents will affect subsequent mediation, expert evaluations, and litigation.

IV. Claimable damages include medical expenses, lost wages, and compensation for emotional distress.

If medical malpractice is established, according to the provisions of tort law, the patient may claim medical expenses, nursing expenses, lost income, impairment of earning capacity, and compensation for emotional distress. However, the specific amount will depend on the degree of injury, causation, and evidence.

FAQ

Q1. If surgery fails or I go blind after the surgery, can I sue the doctor?

Not necessarily. Medical disputes depend on whether there was medical negligence, a breach of the duty of disclosure, and whether there is a causal relationship between the harm and the medical treatment. A poor outcome alone does not necessarily mean that the doctor is liable for compensation.

Q2. If you suspect that a doctor performed the surgery on you, what should be the first step?

It is recommended to first apply for complete medical records, including surgical records, anesthesia records, nursing records, consent forms, and preoperative instructions, and then ask a lawyer to help determine whether a medical assessment or mediation is needed.

Q3. If I've already signed the surgical consent form, can I still claim that the hospital didn't explain things clearly?

Yes, but supporting evidence is required. If the consent form is too general, the risks are insufficiently explained, or the surgeon's understanding differs from the patient's, it could still become a point of contention.

Q4. Is it necessary to file a lawsuit directly in case of a medical dispute?

Not necessarily. You can first try medical dispute mediation, apply for medical records, obtain professional evaluation and lawyer assessment, and then decide whether to pursue civil or criminal proceedings. The earlier you gather evidence, the better you can control the direction of the case.

Fuda Law Firm
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