When we think of surgery, we expect precision, care, and expertise. But what happens when a surgeon operates on the wrong part of the body—or even the wrong patient? This devastating error, known as wrong-site surgery, is rare but serious. For patients and their families, the consequences can be life-altering. And legally, it often raises the question: Is wrong-site surgery considered medical malpractice?
Understanding Wrong-Site Surgery
Wrong-site surgery occurs when a procedure is performed on the:
- Wrong body part (for example, left leg instead of right leg),
- Wrong side of the body (for example, left kidney instead of right),
- Wrong procedure altogether, and
- Wrong patient.
These errors fall under a category called “never events.” “Never events” are serious, preventable mistakes in medical care that should never happen.
Despite strict hospital protocols and safety checklists, wrong-site surgeries still occur due to factors like miscommunication, paperwork errors, or failure to follow established procedures.
Is Wrong-Site Surgery Medical Malpractice?
In most cases, wrong-site surgery is considered medical malpractice.
Medical malpractice occurs when a healthcare professional’s actions fall below the accepted standard of care and cause harm to a patient. Performing surgery on the wrong site clearly breaches that standard.
To prove medical malpractice in a wrong-site surgery case, a patient generally needs to show:
- A doctor-patient relationship existed,
- The healthcare provider was negligent (for example, failed to verify surgical site), and
- The patient suffered harm as a result of the error.
Wrong-site surgery almost always satisfies these conditions.
What Damages Can Be Recovered?
Victims of wrong-site surgery may be entitled to compensation for the following:
- Corrective surgeries,
- Lost wages,
- Pain and suffering,
- Emotional distress, and
- Long-term disability or disfigurement
In severe cases, punitive damages may also be awarded to punish reckless or grossly negligent behavior.
How Do These Surgery Errors Happen?
Despite being preventable, wrong-site surgeries can occur due to:
- Inadequate pre-surgical verification,
- Mislabeling of medical records or images,
- Failure to involve the patient in confirming the surgical site,
- Time pressure or staff fatigue, and
- Poor communication among surgical teams.
Hospitals and surgical centers are required to follow standardized safety protocols such as “time-outs” before surgery begins to verify the correct patient, procedure, and site. Skipping these steps can lead to tragic consequences.
What Should You Do If It Happens to You?
If you or a loved one has been the victim of wrong-site surgery, please take the following acts:
- Seek immediate medical attention to address the error and any complications,
- Request copies of your medical records, and
- Consult an experienced medical malpractice attorney to evaluate your case.
Medical malpractice claims have strict time limits (statutes of limitations), so acting quickly is essential.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.