How changing underwear during a procedure can lead to trouble

In a prior post, we highlighted the unfortunate story of a doctor taking a selfie with Joan Rivers while she was sedated prior to undergoing a procedure that led to her death. Indeed, such conduct is just as baffling as it is troubling. However, there are unfortunately more stories like it.

A recent HuffingtonPost.com report described the ordeal a 32 year-old man endured after waking up from a colonoscopy with women’s panties on. What has been described as a prank has led to the man experiencing severe emotional distress and even the loss of his job. The man was an employee at at the surgery center where the procedure was performed, and it was later learned that the prank was perpetrated by some of the man’s former colleagues.

It is reasonable to believe that the man was heckled mercilessly because of the prank.

While this particular incident may not fall within the realm of medical malpractice, the lack of discipline and callousness could call into question the center’s ability to follow established protocols in the event an actual medical negligence issue arises. Finding ancillary instances is part of what an investigative team for a medical malpractice law firm does.

In instances where a hospital (or a doctor’s) credibility is at issue, events like these could be deemed relevant in determining who to believe. It could lead to jurors believing that the staff did not take the procedure or the safety of the patient seriously. This could be particularly damaging (and beneficial to the plaintiff) given how a lack of concentration often leads to mistakes.