Worries about being mistreated while under anesthesia are some of the most pervasive fears New York patients have when entering the hospital for surgery. One lawsuit reflects these fears coming to life for a hospital worker who was photographed nude while on the operating table.
The hospital worker was undergoing surgery and was photographed while on the operating table. She is suing the hospital, the hospital’s CEO and the surgeon who performed the operation, alleging medical malpractice and invasion of her privacy. She worked at the hospital in question for 15 years before requiring the hernia surgery.
The hospital claims that the photos were part of a practical joke between the worker and her colleagues. While the worker noted that this was true, she stated that she did not consent to photography. Even more, the worker emphasized, one scrub nurse in the room took four to six photos of the worker nude that included exposed genitalia, and these photos were then shared with others.
The worker and her lawyer note that the nurse in question was fired after another incident relating to photographs in the operating room, and the hospital affirmed that the doctor has been removed from surgeries. The state health department also cited the hospital for failing to follow the state’s policy on cellphone use and exclusion of mobile phones from the operating room. Aside from the privacy implications, mobile phones can introduce dangerous germs into a sterile area like the operating room.
Hospital negligence can include not only medical errors but also intentional wrongdoing against a patient, as alleged in this case. Sexual abuse and assault by health care professionals can also be included under the rubric of medical malpractice. A medical malpractice lawyer can help to review a patient’s claim and provide advice and representation on moving forward to seek compensation for damages suffered.