Discovering that a surgeon operated on the wrong body part can be frightening. This medical error, known as wrong-site surgery, can cause unnecessary injuries, delay proper treatment and increase medical costs. Knowing your rights can help you decide what to do next.
Document the error
Request copies of your medical records as soon as you learn about the mistake. Ask for surgical notes, consent forms, medical images and preoperative checklists.
Under the Health Insurance Portability and Accountability Act (HIPAA), patients can review their health information and request copies of their medical records from covered health care providers. Covered providers usually must respond within 30 days, although extensions may apply.
Take photos of visible injuries and surgical marks. Write down conversations with medical staff, including names, dates and details. These records may help support a medical malpractice claim.
Understand medical negligence
Wrong-site surgery may be a reason to file a medical malpractice claim. To prove negligence, you generally must show that the provider failed to meet accepted medical standards and that this failure caused you harm.
The Joint Commission requires accredited health care organizations to follow safety procedures to prevent wrong-site surgery. These include checking the patient’s identity, confirming the planned procedure and marking the correct surgical site before surgery.
Research shows that poor communication, planning mistakes and missed safety checks can lead to wrong-site surgery. Depending on what happened, the surgeon, hospital or other medical staff may be responsible.
Get the right medical care
Your health should come first. Follow medical advice to treat injuries and address the original condition. Keep records of additional procedures, medications, rehabilitation and related expenses. These documents can help show the impact of the error.
Explore your legal options
You may have grounds to seek compensation for injuries caused by wrong-site surgery. However, each state has deadlines for filing medical malpractice claims. These time limits vary, so acting promptly can help protect your rights.
A medical malpractice attorney can review your records, explain your options and help identify who may be responsible.
