Wrong site surgery is a type of medical malpractice where a physician or surgeon performs a surgery in the wrong bodily area of a patient. For instance, a wrong site surgery incident might involve:
- Surgery on the wrong side of the body
- Surgery on the wrong organ
- Surgery or implants involving a wrong limb
- Other similar surgery errors
Wrong site surgery can be attributed to various factors. For instance, incorrect instructions, marking the wrong part of the body, or inattentiveness can lead to a wrong site surgery. Many of these errors can be avoided through proper pre-operation verification procedures. Wrong site surgery constitutes failure to perform surgery properly and is a serious breach of a doctor’s duty of reasonable care.
Who Can Be Held Liable for Wrong Site Surgery?
Wrong site surgery liability may be traced to various parties. These can include surgeons, specialists, and other similar professionals. In addition, other personnel might be held liable, such as nurses and other staff, especially when it comes to negligent handling of patient files or information.
Liability for wrong site surgery can lead to a medical malpractice lawsuit. This typically results in legal consequences such as a damages award. This monetary award is usually intended to compensate the injured party for expenses such as additional medical costs, lost work wages, and other related losses.
Are there Any Legal Issues to Consider in a Wrong Site Surgery Claim?
Wrong site surgeries can involve some very specific and unique legal issues. These can include:
Statute of limitations (i.e. filing deadlines- the victim should file their claim as soon as they can to avoid being disqualified for legal action)
Limits on damages awards: Some states may place limits on the amount of damages a person can receive in a medical malpractice claim
Thus, due to the complexity of wrong site surgery lawsuits, legal representation may be necessary during the legal process.
Do I Need a Lawyer for a Wrong Site Surgery Lawsuit?
Wrong site surgery claims can involve various legal theories and requirements. You may need to hire a personal injury lawyer in your area if you or a loved one of yours needs legal assistance with a malpractice lawsuit. Your attorney can provide you with legal guidance and research to help you with your claim. Also, if you have any specific questions or concerns, your attorney can assist you with those as they represent you in court.