Wrong Site and Wrong Patient Surgeries: Tennessee Medical Malpractice Attorney Explains Shocking Findings and Liability Involved

In the realm of medical malpractice cases, wrong site and wrong patient surgeries are considered to be “never events.”  Meaning, if the medical providers such as the surgeons, nurses, and other hospital staff were properly vigilant and met their standard of care, the event never would have occurred.  In a 2010 study of medical malpractice errors, there were almost 1,000 wrong site surgeries which accounted for 13.4% of the medical malpractice studied; the most frequent cause on the list.

Other results released showed even larger numbers, estimating that there are approximately 40 cases of wrong site or wrong person surgeries each week in the United States.  With almost one-third of these instances resulting in a medical malpractice suit, which ends up costing the hospitals hundreds of millions of dollars.

Many believe this phenomenon is a thing of the past.  However, as experienced Tennessee medical malpractice attorneys, we can vouch that there are many wrong site surgeries still occurring—some with devastating results.  Some examples of wrong site surgeries include the following:

• Amputation of the wrong limb or extremity;
• Mixing patient charts and operating on the wrong patient entirely;
• Operation or procedure on the wrong side, but correct body part (i.e., left knee instead of right knee);
• Mistakenly flipping an X-ray on the screen and operating on the reverse side;
• Removing the wrong internal organ where there are dichotomous (i.e., wrong kidney);
• Operating on the completely wrong organ or body part (i.e., lungs instead of liver);
• Mixing patient charts and operating on the wrong body part entirely; and
• Miscounting and performing a procedure on the wrong vertebra.

Some of the causes of wrong site surgery are simply failing to mark the location prior to anesthesia, the location marker was accidently washed off during prep or rubbed off during transfer, simply rushing, or failing to follow the hospital or surgical center’s protocol.  Sometimes these mistakes can be egregious; they can result in the wrongful death of a patient.

The liability of a Tennessee medical malpractice case involving a wrong site or wrong person surgery can be somewhat easier to prove in terms of liability.  To be successful, it must be shown that the hospital staff failed to satisfy the standard of care that a reasonably prudent physician in the locality and under the same circumstances could have acted.  Since wrong site or wrong person surgeries are “never events,” this will likely mean the standard of care was not met automatically.

Nonetheless, your Tennessee medical malpractice attorney will be required to review extensive hospital charts and hospital protocols to determine where there was a breakdown of the standard of care.  This is because defense attorneys will do everything they can to make your claim as difficult as possible, and to make sure your attorney proves each and every element.  Meaning, you will still need a resourceful attorney who will reconstruct the entire surgery to determine where the first mistakes began and how that lead to your injuries.

It is important to note that the statute of limitations for a Tennessee medical malpractice claim is merely one year from the date of the incident, with some narrow exceptions that may apply given the facts and circumstances of your case.  Thus, it is absolutely imperative you immediately speak with an experienced attorney to go over your rights and preserve your ability to collect compensation for your losses.

Here at Bailey and Greer, PLLC our Tennessee medical malpractice attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in Tennessee personal injury cases which is included in our testimonials page and our successful case results.  Please contact us today to receive your free case evaluation by dialing locally to 901-680-9777 or toll-free to 877-819-4414.