Wrong Site Surgery Isn’t Just a Mistake; It’s Malpractice

A surgical team is supposed to help you heal, not make things worse. But when they operate on the wrong part of your body, or even the wrong side, the consequences can be devastating. Wrong-site surgery isn’t just a slip-up; it’s often a traumatic, life-changing event that never should’ve happened in the first place.

If you or someone you love has been the victim of wrong-site surgery, you may be entitled to take legal action against the responsible party. If we find you have a valid claim, our experienced medical malpractice attorneys may be able to represent you and fight for the justice you deserve.

What Is Wrong-Site Surgery?

In the world of healthcare, wrong-site surgery is classified as a “never event”, an error so serious and so preventable that it simply should never happen. Yet it does.

Wrong-site surgery happens when a procedure is performed on the wrong part of the body, on the wrong patient, or involves the wrong procedure altogether. It might mean operating on the left side instead of the right, removing the wrong organ, or performing the correct procedure, but on the wrong person.

These errors typically fall into three main categories:

Wrong Site

The surgery was done in theon the wrong location. For example, operating on the left knee instead of the injured right one, removing the wrong kidney, or performing a spinal procedure at the wrong vertebrae.

Wrong Procedure

The patient undergoes a procedure they didn’t actually need. A simple biopsy might turn into a more invasive or unnecessary surgery due to a breakdown in communication or protocol.

Wrong Patient

Perhaps the most alarming is when a surgery intended for one patient is mistakenly performed on another, often due to mix-ups with charts, ID bracelets, or similar names.

Common Causes of Wrong-Site Surgery

Wrong-site surgeries don’t happen by accident; they happen because of negligence. These are entirely preventable errors, and when they occur, it’s often due to a breakdown in basic safety procedures.

Some of the most common causes include:

• Inadequate pre-surgical planning: Critical steps are skipped or rushed, leaving room for avoidable mistakes.
• Failure to properly mark the surgical site: Without clear, standardized markings, confusion can easily occur once the patient is in the operating room.
• Miscommunication among medical staff: When surgeons, nurses, or anesthesiologists don’t share or confirm critical information, details fall through the cracks.
• Relying on memory instead of verifying records: Trusting a mental note instead of checking the chart can lead to irreversible consequences.
• Failure to review imaging or documentation: Surgeons may skip confirming the correct side, site, or procedure with available scans or notes.
• Patient identity confusion: Similar names or mix-ups in paperwork can result in one patient undergoing surgery meant for another.
• Lack of adherence to safety protocols: Hospitals are supposed to follow strict rules to prevent these errors. When those safeguards are ignored or poorly enforced, patients suffer.

Effects of Wrong-Site Surgery

The impact of wrong-site surgery extends far beyond the operating room. Patients who experience this kind of mistake often face a painful and uncertain road ahead, physically, emotionally, and financially.

Instead of waking up to relief, you may wake up to find that nothing was fixed, or worse, that something else has been damaged. The consequences can include:

• Unnecessary pain and recovery from a procedure that never should have happened
• Permanent injury or loss of function in the affected area
• Reduced mobility or disability that alters your ability to work or live independently
• Emotional trauma, anxiety, or PTSD, especially when trust in medical professionals is broken
• The need for corrective surgeries, which carry their own risks and complications
• Extended recovery time and additional hospital stays that further disrupt your life

These aren’t minor setbacks. They’re life-altering outcomes that no patient should have to face due to someone else’s negligence.

Potentially Liable Parties

Wrong-site surgery doesn’t usually result from a single mistake; it’s often the outcome of multiple failures across the surgical team and the facility. A thorough investigation is crucial for uncovering where the breakdown occurred and determining who should be held responsible.

Parties that may be liable include:

• The surgeon, for operating on the wrong site or patient
• The hospital or surgical center, if it failed to implement or enforce proper safety protocols
• Nurses or surgical assistants, who may have missed red flags or failed to follow verification steps
• Administrative staff, if scheduling, charting, or patient records were mishandled
• The anesthesiologist, if they neglected to confirm the patient’s identity or the planned procedure

Every member of the surgical team has a duty to ensure the right patient receives the right operation on the right part of the body. When that duty is ignored and harm results, those involved can and should be held accountable.

Damages in a Wrong-Site Surgery Case

When you’ve suffered from wrong-site surgery, the consequences can affect nearly every part of your life. A medical malpractice claim allows you to seek compensation for those losses, both financial and emotional.

Depending on the details of your case, you may be entitled to recover damages such as:

• Medical expenses, including costs for corrective procedures, hospital stays, and rehabilitation
• Lost income, as well as reduced future earning capacity, if the injury affects your ability to work
• Pain and suffering, covering the physical pain and emotional trauma caused by the error
• Permanent disability or disfigurement, especially if the mistake leads to lasting physical damage
• Loss of enjoyment of life, if the injury impacts your ability to engage in daily activities or hobbies
• Punitive damages, which may be awarded in cases involving reckless or extreme negligence

An experienced medical malpractice attorney can help assess the full scope of your damages and fight to make sure you’re not left carrying the burden of someone else’s mistake.

We Fight Back When Hospitals Get It Wrong

When a healthcare provider makes such a devastating mistake, it’s not just your body that suffers; it’s your trust, your peace of mind, and your future. The last thing you need is a legal team that doesn’t take your experience seriously or lacks the skill and resources to hold the other side accountable.

At Morgan & Morgan, we understand what’s at stake. As America’s largest injury firm, we have the power, experience, and reach to stand up to hospitals, insurance companies, and defense teams. If you or a loved one is the victim of wrong-site surgery, we want to hear your story.

Fill out our form for a free case evaluation. If you have a valid claim, our dedicated team of medical malpractice lawyers may be able to fight for the compensation you deserve.