I recently was unconscious and had to be rushed to the ER. While I was in the ambulance I came to somewhat. The one thing I definitely remember is one of the paramedics telling another one, "go ahead and put a catheter in him, no anesthesia" in a real snarky tone.
Thanks to this I have a urethral stricture (damaged urethra, not severely but it is painful when i ejaculate/urinate)
Is this something I can press charges against the paramedics for?
Probably not. Assumed consent. Procedure doesn't involve any anesthesia anyway.
But, I don't get why the paramedic did it. Usually we do that when you get to the hospital, depending on what's wrong with you. Either at the ED, or in the OR while the docs and techs get ready.
Medic here, never learned it in class, never learned it in clinicals. Not even sure if it's in the national scope of practice, let alone county protocol. It's pretty widely accepted that can wait until the hospital mi
While assumed consent can be used as an affirmative defense in medical cases there are situations in which an actor can move beyond the scope of said consent. To establish this you would have to provide expert testimony that shows the paramedic acted in a way that deviated from the custom of the profession and said action was unreasonable.
The two causes of action you would most likely be able to pursue in a civil case would be battery and negligence. For a prima facie case of battery you have to establish 1) the act was volitional (it was) 2) the actor acted with intent to cause harmful or offensive touching or it was substantially certain such contact would be made 3) the contact was harmful or offensive. For negligence a prima facie case requires 1)injury 2) a duty on the part of the defendant 3) beach of said duty 4) and that the actions of the defendant was the cause of the injury. I'd say try to get a free consultation with a law firm and see what they say
Source 1st year law student
If this is true then the affirmative defense of implied consent would likely not apply and op could pursue both battery and negligence causes of action
You could also try and say that you have a special acute fear of urethral sounding and pursue intentional infliction of emotional distress/negligent infliction of emotional distress but it usually requires a continued campaign of outrageous conduct and such cases rarely are successful
I dont see how that would cause damage.... unless you have a narrow urethra
Civil suits don't have the same evidence standards as criminal suits. In criminal it needs to be beyond a reasonable doubt, civil cases just need a preponderance of evidence (more likely than not). Typically circumstantial evidence is fine and a plaintiff can maintain suit despite being unconscious (think of someone who had surgery and a sponge left in them ). I think it's the principle of res ipsa loquitir that holds that if there is an injury that happens within the sole control of the defendant the burden shifts to the defendant to prove he wasn't the cause of the injury.