A Bernalillo County man filed a lawsuit Wednesday towards the state after his scheduled surgical procedure was cancelled with a purpose to adjust to one of many state’s COVID-19 public well being orders.
Edward Tsyitee, by his lawyer Blair Dunn, mentioned he was scheduled for surgical procedure to take away his gallbladder on April 13, however was denied by two completely different medical amenities as a result of the state’s present public well being order contains “Short-term Restrictions on Non-Important Well being Care Companies, Procedures, and and Surgical procedures.”
In a sworn affidavit, Tsyitee recounted that in December 2018, throughout a go to to the emergency room, he was advised he had gallstones and that a physician suggested him to schedule a surgical procedure to take away his gallbladder. However days earlier than his surgical procedure, Tsyitee mentioned his physician known as to inform him the surgical procedure was postponed due to the state’s public well being order.
“Gallbladder surgical procedure, whereas listed as an elective surgical procedure, has turn into needed for me to take care of my life and well being,” Tsyitee wrote. “I’m in ache, and struggling different medical points attributable to the truth that I can not have my gallbladder eliminated presently.”
In response to his affidavit, Tsyitee went to a second emergency medical middle as a result of he was affected by “rectal bleeding” about 10 days after his surgical procedure was cancelled.
“I used to be involved that I used to be struggling inside bleeding because of the gallbladder points,” Tsyitee wrote.
However testing confirmed there was no inside bleeding and docs once more despatched him dwelling.
Together with the lawsuit looking for damages, Tsyitee additionally filed a request for a brief restraining order to permit him to go in for surgical procedure.
A Division of Well being spokesperson advised NM Political Report that he division doesn’t touch upon pending litigation.
A March 24 replace to the state’s public well being order specified that “non-essential” meant procedures that may very well be postponed for 3 months with out placing an individual at risk of additional problems.
The state’s public well being order was amended on Could 1 to permit for some non-essential procedures with the situation that medical facilities comply with present tips for limiting the unfold of COVID-19.