Legal Geek

Medical Malpractice – Wrong Site Surgeries

Whenever someone undergoes a surgical procedure, there is a risk of a surgical error that constitutes medical malpractice. One form of surgical malpractice results from wrong site surgery. Numerous cases have been reported about surgeons amputating the wrong limb, removing the wrong kidney, lung, operating on the wrong body part or even the wrong patient. It seems impossible that hospitals and surgeons could ever make such a surgical mistake or medical error. One might ask how often this could possibly happen.

THE PROBLEM

It turns out that such surgeries are common, according to the JAMA Archives of Surgery, (the Journal of the American Medical Association’s journal of surgery associations across the country). A Study published in the Archives found that almost 3,000 such wrong site procedures were reported to have been performed each year. And those are just the instances that have been reported.

THE POSSIBLE SOLUTIONS

In May 2003, as the result of a Joint Commission summit and consultation with some of the world’s leading doctors, the Uniform Protocol for surgeries was established. The protocol established a three step process, aimed at avoiding wrong site surgeries:

1. The hospital must create and implement pre-operation processes to ensure the right procedure is being performed.
2. Someone must specifically mark the body upon which the procedure is to be performed.
3. Before commencing any procedure, the surgical team must take a “time out” to verify that they are about to start the correct procedure.

However, Steve Sanford, of the Preferred Physicians Medical Risk Retention Group, argues that the Universal Protocol is flawed. It creates “shared responsibility” he argues. Shared responsibility is, effectively, no responsibility as participants to a surgery think other participants are going to perform the protocols. It should be specifically up to the surgeon to make sure he or she is operating on the correct patient and the correct body part.

Statistics suggest that Sanford is right. Subsequent studies show that the number of wrong site surgeries actually increased following the adoption of the Universal Protocol. Other studies published in the JAMA Archives of Surgery made similar findings.

Part of the problem seems to be a failure to religiously follow the Universal protocols. One of the studies actually showed that in 72% of wrong site procedures, there was a lack of “time out” performance. The study went on to conclude that “These data reveal a persisting high frequency of surgical “never events.” Strict adherence to the Universal Protocol must be expanded to non-surgical specialties to promote a zero-tolerance philosophy for these preventable incidents.” (Arch Surg. October 2010)

TAKING PRECAUTIONS

To ensure that you not a victim of wrong site surgery:

1. Investigate your doctor. Determine if he or she has history of medical malpractice lawsuits, past disciplinary complaints or medical license revocations.
2. Make sure you discuss with your surgeon what protocols are used to identify the right site for the procedure.
3. Once in the operating room, confirm that the surgical team knows who you are and what procedure has been scheduled. Ask if they’re looking at your medical records.

And remember, you cannot rely on the medical profession to police itself. If you feel you have been the victim of wrong site surgery, contact an attorney immediately. An attorney specializing in wrong site surgery and medical malpractice will be able to explain your rights and remedies.

Contact an experienced surgical error attorney for more information.

This article is provided on behalf of Goldberg & Osborne, a medical malpractice law firm in Tucson, AZ, and is published for informational purposes only. It is written by an independent author and has not been reviewed, edited, nor altered in any manner. Goldberg & Osborne is not responsible for any discrepancies or errors that it may contain.