An Unsound Sonogram
Q: The technician and I were alone in the examination room. The sonogram began: the technician inserted a sonogram probe and aimed-in sound waves, and they bounced off my walls giving a picture. Then I realized that he was doing something else.
In retrospect, I think that the hospital should have required the presence of a female staff member during this procedure, as an examiner or chaperone.
A: In this general kind of case, it is helpful to have the opinion of a qualified expert that your injuries were caused by a deviation from relevant industry standards. However, if the expert’s ultimate assertions are speculative or unsupported by any evidentiary foundation, the opinion loses force as proof.
An expert has to do more than cite the guidelines of some professional organization. Even if he or she cites something called ‘rules’, the expert must provide a factual basis for any conclusion that these rules establish or are reflective of a generally-accepted standard or practice in hospital settings.
Precisely because your case is (one hopes) unusual, it may be that a chaperone is generally not the practice. You may well have an excellent case based on other theories, such as negligent hiring, but the chaperone theory itself is problematic.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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