Surgery on Wrong Patient

Medical Malpractice Lawyers Representing Patients in Boston

The news is full of nightmare stories and reports about surgeons operating on the wrong patient or amputating the wrong limb. Although many people think that this is uncommon, there are actually repeated incidents of a hospital performing surgery on the wrong patient. For example, in June 2018, it was reported that Rhode Island Hospital had performed multiple wrong patient procedures. Depending on the improper operation that is performed, the victim can suffer serious or even life-threatening consequences. Operations can range from very minor procedures to invasive and serious procedures, such as removing organs or limbs. At Breakstone, White & Gluck, our Boston lawyers represent medical malpractice victims who have suffered devastating injuries from surgery on the wrong patient or at the wrong site. We understand how traumatic this experience is for the victim and their family, especially if it leaves the victim facing a lifetime of irreversible injuries and damages.

Recognizing the Dangers Associated with Surgery on the Wrong Patient

A medical professional should never perform surgery on the wrong patient. It can be hard to imagine how a medical facility would allow this to take place, but in busy hospitals with overworked staff, things can get overlooked or misread. A nurse may incorrectly make a note in a patient’s file, or a patient may be brought to the wrong operating room. Breakdowns in communication among hospital staff may be the main reason why surgeries on the wrong patient occur. A failure to follow hospital procedures and protocols regarding pre-operation checklists can also be a contributing factor. In addition, the lead surgeon may fail to verify that he or she is operating on the correct patient before proceeding. According to a recent study from the Joint Commission Center for Transforming Health Care, hospitals report performing the wrong surgery 40 times per week nationwide. This amounts to over 2,000 surgical errors each year, some of which are fatal or life-changing. Although many injuries have been avoided by the adoption of simple “Time Out” procedures, mistakes are still happening at an alarming rate.

Asserting Your Right to Compensation Against a Careless Medical Provider

If you suffered injuries as a result of the wrong surgery being performed, it is essential that you explore your potential right to compensation with a dedicated medical malpractice lawyer as soon as possible. There are time limits that apply to personal injury actions, and if you fail to file before the time expires, you likely waive your right to recovery. Medical malpractice claims are complex and require a consultation with expert witnesses to prove that the defendant did not treat you with the appropriate level of care. In cases involving surgery on the wrong patient, it is important to be able to establish the breakdown in communication at the medical facility or the reason why you received the improper surgical procedure.

Under Massachusetts law, medical professionals are required to treat each patient with the same level of care and attention that other medical professionals with similar training and experience would employ when treating a patient with similar conditions. Most people would agree that failing to perform the proper medical procedure on a patient or performing an unnecessary procedure on a patient falls below this standard of care. If the defendant failed to provide appropriate care and that caused your injuries, you may be entitled to receive compensation for damages associated with the injury, such as past and future medical expenses, lost income and earning capacity, disability and pain and suffering

Hire an Experienced Boston Lawyer for Your Surgical Error Case

Realizing that you or a loved one underwent a surgery that you did not require, or that left you even worse than you were beforehand, can have devastating and life-altering consequences. At Breakstone, White & Gluck, we provide legal counsel to victims in the areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. We have handled many different types of medical malpractice claims, ranging from surgical errors to anesthesia errors and medication errors. We have the experience and knowledge that it takes to ensure that you receive the just outcome that you deserve. To schedule your free consultation, call us now at 1-800-379-1244 or contact us online.

Client Reviews
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David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case. Peter
★★★★★
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
★★★★★
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
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I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
★★★★★
Ron was excellent. He was on top of everything. He answered every question. John
★★★★★
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh