Michigan Wrong Site Surgery Lawyer

A wrong site surgery lawyer can help when a surgeon performs a surgical procedure on the wrong part of a patient’s body.  These mistakes, unfortunately, happen despite there being specific procedures to ensure they are a never happen event.

Our Michigan medical malpractice attorneys represent patients who have suffered injuries due to surgery mistakes and errors. Many of these injuries are very serious, often requiring extensive medical treatment and the need for additional surgeries.

When a medical error causes a death, it can give rise to a Michigan wrongful death lawsuit.

• Examples of Wrong Site Surgeries
• What is a Wrong Procedure?
• Filing a Wrong Site Surgery Lawsuit
• Contact a Wrong Site Surgery Malpractice Attorney Today

What is a Wrong Site Surgery?

Wrong-site surgery can arise from numerous circumstances, such as when a surgeon performs a procedure on the wrong side or site of the body, a completely wrong procedure is performed, or surgery is performed on the wrong patient.

Although this seems like it should be an unlikely event, statistics show that this happens as high as forty times every week in the United States.

Wrong-site surgery is a devastating problem that often arises for any number of reasons. It often results from a lack of planning to miscommunication or the blatant neglect of a surgeon. This can have shattering results for the patient and the surgeon. Wrong-site surgery is not just an orthopedic surgery problem that occurs because a surgeon operates on the wrong limb.

Examples of Wrong Site Surgeries

There are many different types of wrong-site surgeries. Examples include:

• Operating on the wrong limb or side of the body
• Amputation of the wrong limb or body part
• Performing surgery on the wrong level of the spine during back surgery
• Taking a biopsy on the wrong body part, like a breast or lung
• Removing an unintended body part instead of the intended one
• Performing surgery on the wrong patient

What is a Wrong Procedure?

A wrong procedure is when a patient is scheduled to undergo a specific surgery or procedure but the surgeon performs a different one. Wrong procedures are often tied to wrong-site surgeries because the surgeon may perform a correct operation but do it on the wrong side of the body.

Sometimes, the surgery performed is not what was scheduled or intended. Other times, the surgery was actually scheduled for a different patient with a similar name.

Filing a Wrong Site Surgery Lawsuit

Proving a wrong-site surgery lawsuit requires the same elements as a traditional medical malpractice case. Negligence can often be easily established because the mistake is so clear and obvious.

Negligence can be attributed to the surgeon for operating in the wrong place and not properly marking the correct side. It is ultimately the surgeon’s responsibility to perform the correct operation.

However, the nursing staff can also be determined negligent in a lawsuit. This is for failing to verify the proper markings on the patient, like the right arm or left arm. Another mistake is failing to confirm the type of surgery to be performed with the patient before being placed under anesthesia.

Like every medical malpractice case, expert witness testimony is necessary to file the case in court and to testify if the matter was to go to trial. Typically, the mistake is so clear that the doctor and hospital will settle the case well in advance of a trial.

How Much are Settlements in Wrong Site Surgery Cases?

The settlement amount in a lawsuit depends on the specific facts of each individual case.  Factors to determine a medical malpractice settlement include the type of surgery error involved, the harm suffered by the patient, and the permanency of the injuries.  If the injured patient became disabled and could no longer work, these damages can be claimed in the settlement.

Settlements include compensation for pain and suffering, fright and shock, disfigurement, and disability. Economic damages are also paid for loss of income, medical expenses, and other financial losses. The spouse of the victim can also file a claim for the loss of relations and companionship caused by the surgical error.

When a surgery results in an expected death, the surviving family members can file a wrongful death lawsuit.  These cases demand settlements for the loss of companionship of the loved one by the family members.  Other damages, like loss of income and support, are also claimed in these cases.

Wrong Site Surgery Case Study

Plaintiff underwent a routine laminectomy after a back injury suffered at work. The surgery was performed by defendant neurosurgeon and the patient went to physical therapy for 18 months. She continued to be in pain and her therapist recommended she seek an opinion from another back surgeon.

The new neurosurgeon claimed the defendant neurosurgeon had done surgery at the wrong level and had failed to inform the patient or correct the problem. Plaintiff underwent three subsequent surgeries, required constant pain medication and caused serious harm.

A medical malpractice lawsuit was filed for the wrong site surgery. The defendant denied negligence at the time of trial. The jury agreed with the plaintiff and awarded her $4,000,000.

Contact a Wrong Site Surgery Malpractice Attorney Today

If you were the victim of a wrong site or procedure surgery, call our experienced wrong site surgery lawyers today to start your case. We charge no fees unless you receive a settlement and we pay all of the costs to pursue your case.

There are strict time deadlines for filing medical malpractice lawsuits in Michigan. Call our experienced attorneys today to start your case.