What Is Medical Malpractice Liability for Wrong-Site Surgery?

When a surgeon performs a surgical procedure on the wrong site of a patient, it can be a catastrophic error. The surgeon’s team, hospital, and even operating room technicians can all be held liable for the doctor’s mistake.

If you or a family member are a victim of wrong-site surgery, it’s important that you seek legal counsel immediately. Contact the Doctor Lawyer Firm today to discuss how to go about getting the compensation you deserve.

What Is Medical Malpractice?

Medical malpractice is any type of negligence in the medical field that results in injury to a patient. Cases of medical malpractice can occur in a number of different ways, including:

Wrong-site surgery is a medical malpractice case when a medical professional performs a medical procedure at the wrong location of the body. For example, a patient needs to have their appendix removed, but the surgeon instead removes a kidney. In instances like this, the surgeon can be held liable for the surgery performed at the wrong site.

If done negligently, the surgeon can be held legally liable for the malpractice. The liability of the wrong-site surgeon depends on the circumstances of the case. In a wrong-site surgery case, the patient’s doctor must prove that they were not negligent in performing the wrong-site surgery.

However, the doctor must also demonstrate that they were diligent in searching for a suitable alternative procedure. If the doctor is negligent in performing the surgery, then the surgeon can be held liable for the malpractice. Hence, it is essential for both the doctor and the surgeon to make sure that they are operating at the correct location.

The surgeon who wrongfully performs a medical procedure at the wrong site is liable for the damages resulting from that wrong procedure. The damages can be anything from a small mistake in the procedure to permanent damage or even death. An injured patient will most likely file a lawsuit against the surgeon, and the surgeon’s medical malpractice insurance company will likely be involved, as well.

If a patient is harmed as a result of wrong-site surgery, then they may be able to file a lawsuit against the surgeon. However, proving that the surgeon’s negligence caused the injury may be challenging. 

Proving exactly why a particular medical procedure was performed is difficult, and a patient may have to prove that the surgeon made an obvious mistake in performing the procedure. 

Additionally, the patient may have to prove that the injury the surgical mistake caused would not have happened if the procedure had been performed properly.

Beyond filing a lawsuit, the patient may also be able to file an insurance claim. The patient’s medical malpractice insurance company will most likely be involved in the claim as well. 

If the company does not pursue the claim aggressively or if the patient’s medical malpractice insurance company is unable to pursue the claim aggressively, then the patient may be able to sue the surgeon’s insurance company.

That said, wrong-site surgery is a pretty obvious sign of medical negligence. Moreover, it’s not just the lead surgeon who can be held liable but the entire surgical team, as well. This often depends on the state and other laws regarding wrong-site surgery. Your medical malpractice lawyer will be able to assist you in determining who is chiefly liable for your wrong-site surgery.

Moreover, your lawyer will work to get you compensation for the harm the surgical error caused you, including lost wages, ongoing medical care, physical therapy, etc. At the Doctor Lawyer Firm, we specialize in medical malpractice. Our medical malpractice lawyer team will make sure you get the maximum compensation in the event that you are injured due to wrong-site surgery. So be sure to contact us right away to get started on your lawsuit.

Wrong-site surgery is an unfortunate possibility in the medical field. If you or a loved one fell victim to this type of medical negligence, it’s important that you seek knowledgeable legal counsel.  At the Doctor Lawyer Firm, we specialize in all forms of medical malpractice and strive to get our clients the compensation they deserve. To schedule a consultation with us, please give us a call at 833-633-6257 MedMals. Alternatively, you may complete our contact form to get started.