Core Legal Questions
This guide addresses the critical components of a potential medical malpractice claim in this specific scenario.
Standard of Care
Did the surgeon's actions during the drain removal deviate from what a reasonably competent professional would do?
Accepted Risk?
Is severing a tendon considered a known, non-negligent complication of a routine drain removal procedure?
Liability
Can the doctrine of Res Ipsa Loquitur apply, shifting the burden of proof to the surgeon?
The Anatomy of the Injury
The injury involves the tendon to the middle finger of the dominant hand. Tendons are crucial for movement, and their severance results in immediate functional loss ("the finger no sticks up").
In hand surgery malpractice cases, tendon lacerations are a significant category of claims, often linked to surgical negligence rather than unavoidable complications.