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Strauss, Jeffrey E. Esq.
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  5. Is enough being done about surgeons who are too old to operate?

Is enough being done about surgeons who are too old to operate?

On Behalf of Strauss Law Offices, LLC | Jul 11, 2024 | Surgical Errors

There’s been a lot of discussion in the media lately around aging and what makes someone “too old” to do a particular job. Often, people must decide that for themselves. However, people aren’t always the best judges of their own limitations as they get older.

Unfortunately, that can be problematic if someone is a surgeon. Hospitals and even other doctors are often reluctant to step in and prevent a surgeon from continuing to operate until something goes wrong – often at the expense of a patient’s safety or even their life. One surgeon acknowledges, “The public believes we police ourselves as a profession. We don’t, at least not very well.” 

A surgeon’s age and health are relevant to their ability to safely operate. Older surgeons are particularly likely to have difficulty with long and/or delicate procedures. Normal declines in vision, hearing, steadiness and cognition can all affect a surgeon’s skills.

What can screening programs for older surgeons do?

Hospitals often fear being accused of age discrimination, whether they act regarding a particular surgeon or implement a mandatory retirement age. Some hospitals do require older surgeons to participate in a screening program to help them identify those who could present a danger to patients.

When one 80-year-old New Jersey surgeon fell asleep during a procedure he was simply observing, a nurse-anesthetist reported him to the hospital. He says he was angry when the hospital suggested he take part in their evaluation program for older surgeons. 

Ultimately, he said he did it after he recognized his own fear when he saw an older pilot at the controls of a commercial airplane he was on. While the hospital only recommended that he not do long procedures, he eventually transitioned into research and teaching.

He only realized people’s concern when he found himself worrying about an older airline pilot helming his flight. He went through the evaluation, and it was recommended that he avoid long surgeries. He eventually switched to teaching and research.

Surgical errors and missteps are among the most serious types of medical errors. Too often, they’re fatal. If you or a loved one has suffered harm because a surgeon was too old or otherwise in no condition to operate, it can be possible to hold the hospital liable, in addition to the surgeon, if it ignored a known risk. Your best first step in any case of potential medical malpractice is to seek experienced legal guidance.

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