What are my rights if a resident surgeon performed my surgery without my knowledge?
Question Details: I was diagnosed with breast cancer and a resident did my surgery without my knowledge. The surgeon I had the consultation with and met with prior to the surgery made no mention of a resident performing or even observing the procedure. I paid for his services not a resident's. I also suffered some additional side effects for being under anesthesia longer than I should have been.
1) You don't have any recourse or legal claim for a different surgeon doing the work unless you had signed some contract or written agreement in which it was specified that only the given surgeon would operate. In the absence of a contract requiring it to be that one surgeon, nothing wrong was done if someone else operated.
2) Are the side effects from the anesthesia either resolved, clearly resolving, or minor? If so, there is no viable claim. Malpractice claims are expensive and complicated, but in them, you can only only recover compensation for the actual harm or costs you suffered. With transitory or minor affects on you, you would spend far more on the lawsuit or any legal claim that you'd get back.