Wrong Site Surgery

Boston Lawyers Representing Victims of Surgical Errors

Any type of medical malpractice can be shocking and devastating for the victim. Some types of malpractice are more egregious than others, however, including wrong site surgery. In this type of incident, the surgeon performs an operation on the wrong part of the patient’s body, such as operating on the wrong leg, arm, or organ. This type of event is completely preventable and inexcusable in medical settings. There are many protocols and procedures that hospitals employ to try to mitigate the chance that a wrong site surgery will take place. Despite this, some medical professionals fail to use the appropriate level of care, leaving patients facing life-altering and even potentially fatal results. At Breakstone, White & Gluck, our Boston surgical malpractice attorneys proudly assist Massachusetts residents with exploring and asserting their legal rights.

Establishing Liability for a Wrong Site Surgery

To reduce the number of negligent incidents in a hospital, such as wrong site surgeries, medical providers often enact protocols and chains of responsibility that are intended to help ensure that patients receive the right surgery, medication, or treatment. Many hospitals have enacted “time-out” protocols, which include a simple checklist to confirm the patient’s identity and the procedure that is to be performed. The procedure involves all of the operating room staff, including the nurses, anesthetists, anesthesiologists, surgeons and other doctors. This process also involves physically marking the surgery site and confirming it several times prior to starting the operation. Despite these safeguards, wrong site surgeries still happen with disturbing regularity.

In most cases, the surgeon presiding over the operation will ultimately be responsible for the error, along with the team of medical staff that was responsible for surgical prep. When it comes to the injuries that a patient can suffer as a result of a wrong site surgery, the consequences can be very severe. For example, receiving a knee replacement on the wrong knee or having the wrong kidney removed can have devastating consequences. The victim is left with the impact of a surgery that they did not need, while still needing to undergo the appropriate surgery to address the original condition for which they were undergoing surgery.

Bring a Medical Malpractice Claim to Recover Compensation

If you were the subject of a wrong site surgery, you are entitle to seek compensation from the medical professionals who operated on you. It is critical to speak to an experienced medical malpractice lawyer about your claim to better understand what you need to prove in order to be entitled to compensation. In a medical malpractice claim, Massachusetts law requires the plaintiff’s attorney to prove that the medical professional involved did not use appropriate care and skill and that this failure was the cause of the injuries that the patient sustained. In general, the standard of care that all medical professionals must meet involves the same level of treatment, protocols, and practices that other similarly experienced medical professionals would deem appropriate when treating a patient with a similar condition and medical history. Since malpractice cases are always complex, our lawyers will retain appropriate expert witnesses to prove the case.

There are additional legal requirement to prove your case. In addition to proving a breach of the standard of care—negligence—we must prove that the negligence was the cause of your injuries. The final item of proof relates to the damages themselves. Damages included special damages—medical bills and lost wages—and general damages—pain and suffering, mental anguish, disability, and loss of enjoyment of life.

Consult a Dedicated Surgical Malpractice Lawyer in the Boston Area

If you or a loved one was injured in a medical malpractice incident involving a wrong site surgery or surgery on the wrong patient, it is essential that you speak to a personal injury lawyer about your rights. At Breakstone, White & Gluck, we have provided diligent legal counsel to victims throughout Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. We have extensive experience handling a wide variety of medical malpractice claims. To schedule your free consultation, call 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
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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
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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
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Ron was excellent. He was on top of everything. He answered every question. John
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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