updated 12/5/2007 9:33:59 AM ET 2007-12-05T14:33:59

A court on Wednesday awarded $11,000 to a woman who said she woke up during major abdominal surgery but was unable to tell doctors she was in terrible pain.

  1. Don't miss these Health stories
    1. Splash News
      More women opting for preventive mastectomy - but should they be?

      Rates of women who are opting for preventive mastectomies, such as Angeline Jolie, have increased by an estimated 50 percent in recent years, experts say. But many doctors are puzzled because the operation doesn't carry a 100 percent guarantee, it's major surgery -- and women have other options, from a once-a-day pill to careful monitoring.

    2. Larry Page's damaged vocal cords: Treatment comes with trade-offs
    3. Report questioning salt guidelines riles heart experts
    4. CDC: 2012 was deadliest year for West Nile in US
    5. What stresses moms most? Themselves, survey says

The 62-year-old retiree in the southern Austrian province of Carinthia had demanded more than $57,000 in compensation for mental and physical suffering during the October 2002 operation, public broadcaster ORF reported.

The court rejected that amount, saying there was ruling insufficient proof that the unidentified woman regained full consciousness. It threw out her claim of malpractice.

Her lawyer had argued that the anesthesiologist forgot to attach a tube through which the patient was to be kept under sedation. The woman testified she could feel the surgeons using a scalpel and other instruments on her, but was unable to speak or move.

Wednesday’s ruling ended a three-year legal battle.

© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Discussion comments


Most active discussions

  1. votes comments
  2. votes comments
  3. votes comments
  4. votes comments