How is Wrong Site Surgery Liability Determined?

Published on July 16, 2023

We trust our doctors and medical care providers with our very lives during our most vulnerable moments, yet shockingly, a recent John Hopkins study reveals that medical malpractice is now the third leading cause of death in the United States after heart attacks and cancer, killing from 250,000 to 440,000 patients per year and injuring far greater numbers. While all medical malpractice cases are frustrating and frightening, few are as terrifying as wrong-site surgery.

Surgery is a life-saving measure meant to correct serious health problems, but when a serious mistake occurs and a patient endures surgery only to discover that the trusted surgical team performed a wrong-site surgery it’s not only devasting, but it’s a mistake that cannot be undone. So how does such an egregious mistake occur, and who is liable for damages after a wrong-site surgery?

What is Wrong-Site Surgery?

Both medical providers and the legal system use “wrong-site” surgery as a blanket term to cover any of the following egregious surgical errors:

• Surgery performed on the wrong side, such as removing the healthy left kidney rather than the diseased right one
• Surgery performed on the wrong body part such as extracting a patient’s spleen instead of their appendix or replacing the wrong heart valve during heart surgery
• Surgery performed on the wrong patient due to misidentification, swapped patient charts, or transporting the wrong patient to the surgical unit

This type of preventable medical mistake is shocking to all involved, but especially to the patient who suffers impacts such as:

• Permanent loss of a body part or bodily function
• A second surgery to address the original problem
• Scarring, disfigurement, and a lengthy recovery period
• Sometimes life-altering impacts on their quality of life, ability to work, and ability to perform normal daily routines.

A victim of wrong-site surgery should not be left holding the bag for serious economic and non-economic damages.

Determining Liability in Wrong Site Surgery Cases

Determining liability for a wrong-site surgery claim may take the investigation of an experienced medical malpractice attorney. Because a number of entities are involved in bringing the correct patient to the operating room, checking identity, and performing the procedure, one of several possible parties could be liable for the damages including:

• The surgeon or clinician who performed the procedure
• The medical support staff who identifies the surgical patient and transports them to the surgical unit
• The surgical team
• The facility the surgeon works for if he/she is an employee and not an independent contractor
• The facility if they have negligent staff hiring or training processes or they’ve failed to put a rigid protocol in place for identifying patients and procedures before surgery

An investigation after a wrong-site surgery must examine all aspects of how the incident occurred to identify with whom liability lies and then demonstrate the following:

• That a patient/provider relationship was in place at the time of the injury
• That the liable party owed a duty of care to treat the patient at the industry-accepted standard of care
• That they breached this duty through negligence
• That the negligence directly caused the injury
• That the injury victim suffered serious economic damages due to the wrong-site surgery as well as pain and suffering.

Damages in a Wrong-Site Surgery Claim

Wrong-site or wrong-patient surgery is one of the most grossly appalling forms of medical malpractice. A successful wrong-site surgery claim with proof of liability could help a victim recover compensation for the following:

• Their medical expenses
• Future medical expenses for the original surgery they needed, any corrective procedures related to the wrong-site surgery and recovery time
• Lost wages
• Future lost income
• Diminished earning capacity if the wrong-site surgery caused a disability
• Pain and suffering
• Depending on the circumstances, a victim could also claim damages such as scarring, disfigurement, limb loss, and emotional trauma

A victim of this most shocking and egregious form of medical malpractice deserves ample compensation for damages related to wrong-site surgery. Contact a Phoenix wrong-site surgical errors attorney today.