[AZ] Do I have a valid case suing my physician for stopping my surgery halfway through to confirm I was the right patient?
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1. Basis for a Malpractice Claim in Arizona
To bring a valid medical malpractice claim in Arizona, you must prove: (Z Rev Stat § 12-561(2))
- A provider-patient relationship existed (which it did).
- The provider deviated from the accepted medical standard of care.
- That deviation caused harm.
- You suffered damages as a result.
2. Stopping the Surgery Midway
If the surgical team stopped mid-operation to verify your identity, this raises concerns about protocol failures.
It’s standard to verify patient identity before surgery begins, not after.
However, halting to confirm identity is considered appropriate if confusion arises — it’s a safety measure to prevent a more serious mistake.
That said, unless this pause led to an actual injury or complication, it likely wouldn’t meet the legal threshold for malpractice. Courts require demonstrable harm, not just procedural error or anxiety.
3. Incorrect Procedure Listed in Hospital Summary
This could be a clerical error or recording mistake.
If it caused billing problems, improper follow-up, or confusion in treatment, that strengthens a negligence argument.
On its own, though, a mistaken entry without resulting harm doesn’t usually amount to malpractice.
4. Fertility Concerns
If you later experience infertility or complications medically linked to this surgery or how it was performed/interrupted, you may have grounds for a future malpractice claim.
Keep and preserve:
- All surgical and hospital records (including notes about the pause).
- Follow-up and fertility evaluations.
- Any written communication acknowledging the incident.
5. What You Can Do Now
- Request a full copy of your medical and surgical records.
- Document all communications with the hospital or doctor.
- Consider getting a fertility baseline evaluation now to document your current reproductive health.
- Keep a journal of symptoms, communications, and follow-ups.
Summary:
Right now, without tangible harm, you may not have a strong malpractice case — but you are right to document and inquire early. If complications emerge later, you’ll have a strong foundation.
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Do I have a valid case suing my physician for stopping my surgery halfway through to confirm I was the right patient? I have the documented hospital notes.
I’m sorry to hear about your experience. Can you provide more details about what happened during the surgery?
It was a robotic myomectomy to remove an ovarian cyst and tumor. The robot had to be rebooted, and in the hospital notes it says they stopped surgery to confirm I was the right patient. Additionally, a procedure I did not have done was recorded on my hospital summary.
Were there any negative consequences or complications as a result of the surgery being stopped halfway through?
Not immediate complications.
Is there anything else the lawyer should know before I connect you?
Yes.
Hello. My name is Richard, and I have been a licensed attorney for over 25 years. I hope to assist you with this matter.
What state are you in?
Arizona.
Have you had any follow-up appointments or discussions with your physician regarding the surgery and the notes recorded? What specific outcome are you hoping to achieve by pursuing this?
I reached out in my patient portal to clarify the hospital note, and someone in the practice replied. I’m not sure what outcome I want — I just want to understand my options, and if I’m unable to conceive in the future due to possible complications, I want to be prepared legally.
1. Basis for a Malpractice Claim in Arizona
To bring a valid medical malpractice claim in Arizona, you must prove: (Z Rev Stat § 12-561(2))
- A provider-patient relationship existed (which it did).
- The provider deviated from the accepted medical standard of care.
- That deviation caused harm.
- You suffered damages as a result.
2. Stopping the Surgery Midway
If the surgical team stopped mid-operation to verify your identity, this raises concerns about protocol failures.
It’s standard to verify patient identity before surgery begins, not after.
However, halting to confirm identity is considered appropriate if confusion arises — it’s a safety measure to prevent a more serious mistake.
That said, unless this pause led to an actual injury or complication, it likely wouldn’t meet the legal threshold for malpractice. Courts require demonstrable harm, not just procedural error or anxiety.
3. Incorrect Procedure Listed in Hospital Summary
This could be a clerical error or recording mistake.
If it caused billing problems, improper follow-up, or confusion in treatment, that strengthens a negligence argument.
On its own, though, a mistaken entry without resulting harm doesn’t usually amount to malpractice.
4. Fertility Concerns
If you later experience infertility or complications medically linked to this surgery or how it was performed/interrupted, you may have grounds for a future malpractice claim.
Keep and preserve:
- All surgical and hospital records (including notes about the pause).
- Follow-up and fertility evaluations.
- Any written communication acknowledging the incident.
5. What You Can Do Now
- Request a full copy of your medical and surgical records.
- Document all communications with the hospital or doctor.
- Consider getting a fertility baseline evaluation now to document your current reproductive health.
- Keep a journal of symptoms, communications, and follow-ups.
Summary:
Right now, without tangible harm, you may not have a strong malpractice case — but you are right to document and inquire early. If complications emerge later, you’ll have a strong foundation.
