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Wrong Part Surgery Malpractice Lawsuits

On this page we will look at medical malpractice cases involving wrong site or wrong part surgery. We will explain why and how wrong site surgery malpractice happens and we will look at the potential settlement value of these cases.

What is Wrong Site Surgery?

Wrong-site surgery malpractice occurs when a surgical procedure is performed on the wrong site of the body or the wrong part or organ. For example, if a patient is supposed to have their left kidney removed and the surgeon removes the right kidney. Wrong-site surgery can also include things such as performing the correct procedure on the wrong patient or performing the wrong procedure entirely.

This type of error is considered a serious violation of patient safety and can lead to significant physical and emotional harm. Wrong-site surgery is clearly medical malpractice and victims can bring medical malpractice lawsuits and get compensation for their injuries.

How Does Wrong Site Surgery Happen?

Wrong-site surgeries sound like the kind of horror story you would hear from a malpractice lawyer at a dinner party. Yet, these “never events” still happen with alarming frequency, despite the implementation of safety measures like The Joint Commission’s Universal Protocol over 20 years ago. A 2023 analysis of 68 closed malpractice claims from 2013 to 2020 revealed that orthopedic and neurosurgical procedures are particularly vulnerable to these errors, with spine surgeries posing a particularly higher risk.

In nearly 84% of cases, the root cause was traced back to something as mundane—but preventable—as failing to follow established policies and protocols. Picture a pilot deciding not to use a pre-flight checklist; the stakes are just as high. Even worse, errors like these often result in tragic consequences. According to the study, about 45.6% of patients affected by wrong-site surgeries had to undergo additional procedures to correct the mistake, and in some instances, the consequences were as severe as permanent mobility issues or even death.

What is more troubling is that many of these errors are not reported, making it difficult to gauge the true extent of the problem. The Archives of Surgery estimates that between 1,300 and 2,700 wrong-site surgeries occur annually in the United States alone—numbers that dwarf the voluntary reports made to The Joint Commission. Imagine reading a book where a third of the chapters are missing. That is the reality of wrong-site surgery data. This hidden crisis underscores the importance of vigilance and patient advocacy.

Why Wrong Site Surgery Happens

Many instances of these wrong site surgeries the result of surgeons not doing what they should do get straight what operation they are performing and where they are performing it. Surgeons are required to do the obvious: verify the surgical procedure to be performed before cutting into a person.

Surgeons should also mark the surgical site in advance of the operation and do one last “make sure” in which other members of the surgical team ascertain they have the right patient, the films are correct, and that the medical records and diagnostic test match the marked surgical site.

Most patients reading this website are not getting ready for an operation. Something usually bad has happened and they are looking at their legal options. But on the off chance that you are preparing to undergo an operation, there are things you can do to make sure you are not the victim of the malpractice of a surgeon operating on the wrong body part. You can make sure the surgeon himself/herself marks the surgical site, requiring the surgeon to check the site himself. The problem, of course, is that most of us think this will never happen to us or do not focus on this issue in the exigency of getting surgery.

Frequency of Wrong Site Surgery

Although wrong site surgeries are rare, most of these incidents go unreported. Research suggests that around 40 wrong site procedures take place in the U.S. every week. Certain medical specialties, such as orthopedics and neurosurgery, have higher rates of these errors, with about 25% of orthopedic surgeons and neurosurgeons having committed wrong site surgeries. According to the U.S. Department of Health and Human Services, the breakdown of wrong site orthopedic procedures is as follows:

  • 59% involved surgeries on the wrong side of the body
  • 23% were performed on the wrong site, but not the wrong side
  • 14% involved entirely incorrect procedures
  • 5% were performed on the wrong patient

Filing a Wrong Site Surgery Malpractice Case

Victims of wrong-site surgery can file a medical malpractice lawsuit against the surgeon and/or hospital and get financial compensation. Establishing medical negligence in a wrong-site surgery case is usually very easy. If the surgeon removes the wrong organ or performs a surgical procedure on the wrong side of the body, that is clearly a breach of the standard of care. This means that the surgeon (and sometimes the hospital also) will be liable for any damages caused by the wrong-site surgery.

Not surprisingly, medical malpractice cases involving wrong-site surgery claims have a very high settlement rate compared to other types of medical malpractice cases. The obvious reason for this is that it is often impossible to defend these cases. The surgery either was or was not “wrong.” The main issue in wrong-site surgery cases is not liability, but rather damages.

Wrong-Site Surgery Malpractice Verdicts & Settlements

Below are summaries of wrong-site surgery malpractice verdicts and settlements.

$1,000,000 Verdict (Missouri 2024): The plaintiff was supposed to undergo a a right-sided microdiscectomy at T7-T8 to treat her thoracic spinal stenosis. The initial procedure was performed on wrong side of her body and at the wrong level. The surgeon failed to inform plaintiff of his error during the initial surgery and failed to inform her that during surgery the next day, he operated at both the intended right-side T7-T8 level, and at the right-side T6-T7 level. The plaintiff included a claim of committed surgical battery in the performance of an unnecessary, unwanted and unauthorized surgeries on her spine at the T6-T7 level.

$1,500,000 Verdict (Oklahoma 2023): The plaintiff, an adult male went to the defendant for vertebra surgery approximately two months after suffering a compression vertebra fracture to T6 in a motor vehicle accident. The plaintiff alleged the defendant initially performed the surgery on the wrong vertebra, T7 instead of T6, causing multiple complications, including pain and muscle spasms.

$300,000 Settlement (Alabama 2023): The plaintiff, a male teenager, was supposed to have surgery to repair a torn meniscus in his right knee. Instead, the defendant operated on his left knee. The defendant’s explanation was that the right knee had been marked in pre-op but the left knee had been prepped for surgery. The defendant performed the correct surgery on the right knee later that same day.

$992,000 Verdict (Texas 2022): The plaintiff was supposed to have surgery on his left knee. The defendant began surgery on the left knee but soon he and others realized they were operating on the wrong knee. The hospital staff then prepared the correct knee for surgery, and the operation proceeded without incident. The lawsuit alleged that the negligent surgery on the wrong side led to a staph infection in the left knee.

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If you are the victim of wrong site surgery or other surgical error, call our Maryland malpractice lawyers at 800-553-8082 or click here for a free no obligation malpractice consultation.

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