Our Michigan medical malpractice attorneys represent patients who have suffered injuries due to surgery mistakes and error. 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.
What is a Wrong Site Surgery?
A 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 a 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 from any number of reasons. It often results from a lack of planning to a 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 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 a 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.
Some times, 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.
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.
Contact a Wrong Site Surgery Malpractice Attorney Today
If you were the victim of a wrong site or procedure surgery, call our experienced 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.
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