Can my colleague sue for negligence after an appendectomy complication?

Full question:

My colleague was diagnosed with acute appendix pain last week. His doctor advised that he get it removed surgically. This is not the first time I had come across appendectomy as it is a fairly common surgical procedure. However, during the appendectomy, the appendix burst due to the negligent use of surgical clips by the surgeon. This caused peritonitis which is an infection that causes redness and swelling (inflammation) of the belly that can occur if the appendix bursts during surgery. He had to stay in the hospital for a further period of 2 weeks because of the infection. Can he sue his doctor and the hospital for the negligent act in the above circumstances?

• Category: Negligence
• Date: 04/07/2025
• State: National

Answer:

Yes, your colleague may have grounds to sue his doctor for medical negligence. Medical malpractice occurs when a doctor fails to meet the accepted standards of care. A doctor can be found negligent if they misdiagnose an illness, fail to follow proper medical procedures, or do not provide necessary information for informed patient consent.

To successfully claim medical malpractice, your colleague must prove four elements:

• There was a legal duty for the doctor to provide care.
• The doctor breached this duty by not adhering to professional standards.
• There is a causal link between the breach and the injury suffered.
• There are damages resulting from the injury that warrant legal remedy.

Your colleague can also seek compensation for the costs associated with his extended hospital stay due to the infection caused by the surgical negligence. However, suing the hospital may be more complex, as hospitals are typically not liable for a doctor's malpractice since most doctors are independent contractors. There are exceptions to this rule, but they can be limited.