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| Marcel Strigberger |
What apparently happened was his gall bladder was booked for a Tuesday, but it got delayed by a day and on Wednesdays that facility generally does vasectomies. It seems nobody read the chart or asked too many questions as Jorge was wheeled into the O.R.
When the poor guy came to, presumably he felt something was amiss. A guy does not have to be a medical professor at John Hopkins to know where the gall bladder isn’t.
One of the doctors disclosed the oops. I don’t know if he tried to sugar coat it.
“Sir, good news, and bad news. The bad news, about your gall bladder, in lieu thereof, we just gave you a vasectomy. The good news is the catering in hospitals in this part of the country is numero uno. The prime rib steaks are to die for.” Awesome!
Jorge panicked. Actually the attending staff was not overly sympathetic telling the man who was interested in fathering more children, he may be able to do so by artificial insemination. He alleges that they were unfeeling, accusing him that he was being overly dramatic. In effect, they virtually quoted Andrew Lloyd Webber, telling him, “Don’t cry for me Jorge Baseto.”
He has retained a lawyer and intends to sue the doctors and hospital. If medical malpractice claims are as defended scorched earth in Argentina as they are in Canada, the plaintiff’s lawyer has his work cut out for him. Then again, what defences can they possibly raise?
1. Consent? Maybe the consent read something like, “I hereby consent to undergoing gall bladder surgery and if the attending staff in performing same reasonably feel that I need a vasectomy, no problem.
2. Voluntary assuming of risk (volenti). The plaintiff knew or should have known that the hospital performs vasectomies on Wednesday. Notice of their Wednesday special is duly posted outside of the cafeteria.
3. Argentina is located south of the Equator. The physicians here usually operate below the navel.
2. Voluntary assuming of risk (volenti). The plaintiff knew or should have known that the hospital performs vasectomies on Wednesday. Notice of their Wednesday special is duly posted outside of the cafeteria.
3. Argentina is located south of the Equator. The physicians here usually operate below the navel.
I understand there is a jury system in Argentina. I am not an expert on jury selection but if I was representing the plaintiff, I’d do my utmost to try to get an all-male jury. Hey, a jury of his peers. Success should be assured as soon as the panel starts to squirm. I’m squirming already.
I have never visited Argentina but if I do one day, I don’t think I’ll go to Cordoba. No way Jose. I visualize coming down with something like a sore throat and the emergency doctor shouts at me in Spanish as I demand that he give me back my trousers.
Marcel Strigberger retired from his Greater Toronto Area litigation practice and continues the more serious business of humorous author and speaker. His book Boomers, Zoomers, and Other Oomers: A Boomer-biased Irreverent Perspective on Aging is available on Amazon, (e-book) and paper version. Visit www.marcelshumour.com. Follow him @MarcelsHumour.
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