“Sarah” (not her real name) had to undergo a surgery on her spine. “Dr J”, a private orthopaedic surgeon, had advised her that it was a common procedure and at worst, there was a “very low chance of paralysis”. He claimed that none of his patients had ever had such mishaps during surgery and, with her active lifestyle, he did not think she was a high risk patient.
Unfortunately, he was wrong and Sarah suffered a partial stroke during the surgery. She needed extensive rehabilitative treatment, became incontinent, and lost the use of the right side of her body. She lost her job, and more crucially, as she said during the mediation, she was unable to carry her first grandchild – something that she had pined for for months during her daughter’s pregnancy. Sarah was very emotional during the mediation and particularly angry when she recited how difficult it had been to reach Dr J and how Dr J showed no acknowledgement of her condition.
Dr J was insistent that he had warned her about the risks and obtained informed consent. He was very resistant to proffer an apology as he had been warned by other practitioners that insurers may not be willing to insure him if he apologised.
Aloysius helped Dr J to craft and express an acknowledgment that gave Sarah the necessary spiritual closure. Sarah, upon receipt of the acknowledgement, agreed to a lower compensation. The insurers approved to cover the agreed payout and legal costs.