Wrong-Site Surgery a Serious Concern for Patients in Tennessee
It is almost comical to think about the surgical patient who takes a black Sharpie marker and marks a large arrow with the notation to “operate here,” but the fact that this is necessary is a scary reality in many hospitals today.
Wrong-site surgeries are among the most serious of hospital errors that can occur. These surgeries can happen when the doctor operates on the wrong one of a pair, for example the right and left kidney, side of the brain, or lungs. It also can occur when the surgeon performs the wrong procedure. A surgical disaster might involve the operation being performed on the wrong patient entirely. The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) reports that approximately three-quarters of wrong-site surgeries occur on the on wrong part of the body while one-quarter were split between the surgeon performing the wrong procedure or operating on the wrong patient. The studies led to the creation of a universal protocol that must be followed but all hospitals that are accredited by the organization.
The reason for these egregious errors varies from hospital to hospital and surgeon to surgeon, but can usually be attributed to a failure in communication. Hospitals have now implemented a policy whereby the surgeons, anesthesiologist, nurses, and other medical personnel take a time-out before starting the procedure to confer on the facts of the surgery. Another reason for wrong-site surgeries is that the doctor is presented with the wrong information, whether that is a chart with errors or radiological films marked with the wrong patient information. Some studies suggest including a patient photograph on x-rays in order to minimize the chance of errors.
The type of wrong-site surgery that most frequently occurs involves orthopedic or podiatric operations. However, neurosurgical, urological, and general surgery all have above-average rates of wrong-site. It is estimated that 80-85% of wrong-site surgeries result in a malpractice award. Although this sounds like a high percentage, the fact is that 100% percent of wrong-site surgery victims were subjected to an invasive medical procedure for absolutely not positive purpose.
When these errors do occur, the consequences can range from having to endure another surgery to life-threatening complications. Patients have died from wrong-site surgeries. There are many things that can impact the patient’s life. Each time somebody has to undergo surgery, he is exposed to the risk of infection at the site of the surgery, as well as general infections from the myriad of germs that exist in a hospital environment. In addition, the improper surgery can have severe consequences. A person who needs a section of the left lung removed, but instead has a portion of the right lung removed will need to go back in for the correct surgery, leading to a dramatically reduced lung capacity. The woman with breast cancer who has a partial mastectomy to remove part of her breast may find herself subject to a double mastectomy. The physical trauma is compounded by the mental distress this type of error causes.
If you are the victim of a wrong-site surgical procedure, it is important that you contact an experienced medical malpractice attorney as soon as possible. The harm that these unnecessary surgeries cause is significant and may alter the lives of you and your family for the rest of your lives. However, they also involve complex medical issues that will require careful investigation and compilation of evidence and development of a strong case. The skilled Tennessee medical malpractice attorneys at Bailey & Greer, PLLC have the knowledge and access to experts that allow them to get you the justice you deserve. To discuss your case and develop a strategy that works for you, please contact us at 901-680-9777 so we can schedule a free and confidential consultation.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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