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Slander as Medical Malpractice ?

Our Philadelphia medical malpractice attorneys discuss the subject of slander as medical malpractice.

Patients of medical procedures trust their doctors and anesthesiologists to administer the correct treatment, or perform the correct procedure to the best of their medical abilities. So it is shocking to read of recent cases in which medical professionals have slandered or mocked patients while under anesthesia.

These shocking revelations have brought unwanted attention to several doctors, specialists and anesthesiologists. It has also raised several legal issues. While slander does not fit squarely under the theory of medical malpractice, victims of that tort may nevertheless be entitled to legal compensation.

Vulnerability During General Anesthesia

Anesthesia is a common practice in the medical field as it allows doctors to surgically manipulate the body and perform otherwise painful tasks without causing a physical or emotional reaction from the patient. The practice of anesthetizing patients is very common and found in all types of medical procedures including:

  • Common and emergency surgical treatment
  • Colonoscopy, endoscopy and other internal procedures
  • Dental work
  • Pediatric medical and surgical procedures
  • Labor and delivery

There are many other situations where anesthesia may be appropriate. The individual’s health condition, age, weight, medical background and even fasting time can all influence how the anesthesia is administered.

Patients that undergo anesthesia understand that they will be monitored by a trained anesthesiologist and that their body will be rendered incapable of reacting naturally to pain. Those go “under the knife” place a significant amount of trust in the attending medical team. So learning that you have been abused, mocked, or verbally slandered while undergoing a medical procedure can be that much more devastating.

Recently, one plaintiff, identified as “D.B.,” accidently recorded a conversation between his doctor and anesthesiologist on his smart phone during a colonoscopy. His accidental recording ended up assisting him in filing a malpractice case against his doctors and the anesthesiologist.

During the procedure, the recording found that the plaintiff was “verbally brutalized” and a court found his medical team to be at fault. D.B. sought legal assistance after he discovered what happened, and was able to recover compensation for the damages he suffered as a result of the actions of the medical team.

Are You a Victim of Medical Malpractice?

If you feel that you have been wrongfully treated during a medical procedure, were slandered, or if you believe you have been the victim of any form of malpractice while under anesthesia, it is imperative that you contact an attorney without delay. At The Colleran Firm, we understand that these are sensitive issues, and we always treat our clients with the utmost respect and dignity, as well as complete confidentiality. As a family-owned legal practice, our goal is to help victims of malpractice to recover fair and full financial damages.

This can be a difficult time, and you may not be sure where to turn for help. Working with a compassionate legal team can make all the difference in your comfort, as well as the final outcome of your case. Now is the time to get started in obtaining justice for what happened. To learn more, contact our Philadelphia medical malpractice firm today and schedule a free consultation with our team.


The attorneys at The Colleran Firm handle serious injury cases caused by health care provider negligence and medical malpractice in Pennsylvania & New Jersey.

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The Colleran Firm

2005 Market Street # 1940
Philadelphia, PA 19103
Phone: (215) 972-8000
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