Going through surgery is a highly stressful experience, even if the procedure is completed perfectly and there are no issues. However, the difficulties associated with recovery and moving past the surgery are magnified exponentially when there has been an error. A surgical error could mean the difference between leaving the hospital on the path to recovery or having to remain in the hospital while awaiting additional procedures to correct the errors made on your surgery.
Surgical errors may entitle you to compensation, and discussing how the law applies to the facts of your situation will help to determine the best course of action for you.
The Wrong-Site Error
Common surgical errors are often due to issues concerning organization and management with a healthcare provider, and these can lead to wrong-site surgeries. According to the Agency for Healthcare Research and Quality, in 59% of wrong-site surgery errors, the wrong side is operated on by mistake, leading to the incorrect area being treated, and effectively a completely unnecessary surgery being completed. This error also leaves the intended site unaddressed and untreated.
Therefore, after a wrong-site surgical error, the correct site must still be operated on to correct the underlying problem, requiring the additional risk of more surgical procedures. This surgical error is considered to be “never event,” and it is a common basis for medical malpractice claims.
The Wrong-Procedure Error
Another common surgical error is that of the wrong procedure error. In this situation, the incorrect procedure is conducted on the patient. This is another situation in which the underlying issue is not addressed, an unnecessary surgery was completed, and additional surgery to correct the actual condition will be necessary. The wrong procedure error is also often caused by a lack of coordination and management, as well as a failure of hospital personnel to ensure that the best interests of the patient are being addressed by providing quality, targeted care.
The Wrong-Patient Surgery
Of the surgery issues analyzed, one of the most significant of the various forms of surgical errors is that of the wrong patient surgery. In this error, the wrong patient altogether is operated on. This means that the individual underwent the stress and injury of a surgical procedure entirely without necessity due to an error on behalf of the hospital. Surgery is an intrusive action into the body, and it can require a long recovery time. Surgery without permission can constitute medical malpractice – as well as possibly assault and battery – and entitle you to damages.
Interesting Related Article: “What You Need To Prove In Your Medical Malpractice Lawsuit”