Were there damages that should be paid this patient for negligence?

The patient was in surgery to remove moles from her back and left eyebrow. She was lightly sedated and was receiving oxygen. When the surgeon activated the Bovie instrument to remove the mole near her eyebrow, the spark caused a flash fire that was augmented by the supplemental oxygen that the patient was receiving. The surgical team respond-ed immediately and the fire was quickly extinguished. The patient, however, incurred second degree burns to the left side of her face, leaving permanent scars and reducing vi-sion in her left eye. She filed a lawsuit for negligence and fraudulent concealment against the surgeon, nurse anesthetist, and hospital. The initial trial court found in favor of the plain-tiff, awarding damages for malpractice and an additional $425,000 in damages for fraudulently concealing facts about the incident from the patient. At the appellate level, the defendants argued that there was no concealment of the incident in that they did what was required of them, namely that they informed the patient that there had been a fire, detailed the injuries that were caused by the fire, and recommended appropriate treatment options to her.

1. Were there damages that should be paid this patient for negligence?

2. Who should be the individuals responsible for these damages? For example, is the surgeon the most liable individual for the damages owed the patient?

3. Are there any defenses that the defendants could cite that would mitigate their liability to this patient?

4. How should the court decide the damage awards in this instance?

 

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