this post was submitted on 28 Aug 2024
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In the US (the most sue happy place on earth) the guy probably wouldn't get a payout.
At least from reading the article, it infers the surgery and everything done went off without any issues. In the US, if you want to sue and win, you have to show that damages were done to you.
So while it was wildly inappropriate to have a 13 year old there or touching a patient at all, the patient would need to show that it caused damages.
I'm no lawyer but I think drilling into someone's head without permission might still count as assault.
But the surgery wasn't assault.
Do you think the patient gave informed consent, where the information included the fact that the surgical team would include untrained people?
No, but there was still no damages. I don't know about Austria, but in the US it has to be shown that damages were suffered.
Without informed consent a surgery is assault though
Emergency surgery or transport to a hospital from a patient such as this falls under implied consent. The patient got in a near fatal accident. He didn't schedule a knee surgery or something.
Its a good thing you're not a lawyer.
Brb, gonna drill into this dudes skull
According to a different source shared by @giriinthejungle, the attorney who has taken the case is suing the entire operating unit and expects whoever instructed the girl to drill the hole to be liable for assault. That is also the estimation of the chief regional patient attorney, provided the incident happened as reported by the media.
The neurosurgeon as well as one other doctor have already been let go by the hospital.
Police have not yet charged anyone, their investigation is still ongoing as of the time of the article (2024-08-26).