Wrong-Site Surgery: New York Medical Malpractice Cases Where Surgery was Performed on the Wrong Body Part

Wrong-site surgery (WSS) is a grievous form of medical malpractice where surgical procedures are performed on the wrong body part, the wrong patient, or the wrong surgical site. Despite stringent protocols and guidelines, these errors continue to occur, causing significant harm to patients and leading to complex medical malpractice cases.

In New York, WSS remains a critical issue in medical malpractice litigation, reflecting broader challenges in the healthcare system. If you or someone you love has suffered from surgery to a wrong body part, you should consult with a proven New York City wrong-site surgery lawyer to protect your right to compensation.

Incidence of Wrong-Site Surgeries in New York

While precise data on the incidence of wrong-site surgery is challenging to ascertain due to underreporting, studies suggest that WSS occurs more frequently than many assume. According to the Joint Commission, wrong-site surgeries occur at a rate of approximately 1 in 112,000 surgical procedures nationwide. Based on this, in high-volume surgical centers, this rate may be higher due to the sheer number of procedures performed.

In New York, the Department of Health tracks adverse events in hospitals, including wrong-site surgeries. Reports indicate that these incidents, while rare, still pose a significant risk to patient safety. For instance, a review of New York hospital data from 2015-2020 showed an average of 15-20 reported cases of wrong-site surgery per year.

Types of Wrong-Site Surgery in New York City Hospitals

Wrong-site surgery (WSS) encompasses a range of critical surgical errors, each with severe implications for patient safety and outcomes. According to experienced wrong-site surgery attorneys in New York, the following are the primary types of WSS in NYC hospitals and surgery centers:

Wrong-Side Surgery

• Description: This type of error occurs when the surgery is performed on the correct anatomical site but on the incorrect side of the body. For example, operating on the left knee instead of the right knee.
• Impact: Such errors can lead to unnecessary pain and suffering, additional surgical procedures, and significant physical and emotional distress for the patient.

Wrong-Level Surgery

• Description: Particularly relevant in spinal surgeries, wrong-level surgery involves performing the surgical procedure on the incorrect vertebrae. For instance, operating on lumbar vertebra L4 instead of L5.
• Impact: These errors can result in continued or worsened symptoms, necessitating further surgical interventions and prolonged recovery periods.

Wrong-Procedure Surgery

• Description: This error occurs when an entirely different surgical procedure than the one intended is performed. For example, a patient scheduled for a hernia repair might erroneously undergo an appendectomy.
• Impact: Conducting the wrong procedure can have severe health consequences, potentially causing irreparable harm or necessitating additional surgeries to correct the mistake.

Wrong-Patient Surgery

• Description: Wrong-patient surgery involves performing a surgical procedure on the incorrect patient. This error typically results from identification failures, leading to the wrong individual undergoing surgery.
• Impact: The consequences are dire, with the incorrect patient enduring unnecessary surgery, while the intended patient remains untreated. This can lead to severe medical, legal, and psychological ramifications.

Causes of Wrong-Site Surgery in New York Hospitals

Wrong-site surgery is a multifaceted issue arising from a combination of human and systemic errors. In the experience of seasoned medical malpractice attorneys in New York, the following are the factors contributing to the occurrence of WSS:

Communication Failures

• Description: Miscommunication among surgical team members about the surgical site or procedure can lead to errors. This includes verbal miscommunications during handoffs, misunderstandings about the surgical plan, or unclear instructions from the lead surgeon.
• Examples: Instances where the surgical team misinterprets the intended site due to unclear instructions or failure to confirm the site during preoperative briefings.
• Sources: Miscommunication is a common factor in WSS, as highlighted in studies by the Agency for Healthcare Research and Quality (AHRQ) and the Joint Commission.

Inadequate Preoperative Verification

• Description: Failure to properly verify the patient’s identity, surgical site, and procedure before surgery. This includes skipping steps in the verification process, such as checking the patient’s wristband, confirming the surgical site with the patient, and marking the site.
• Examples: Cases where patients' charts are mixed up or the surgical site is not properly marked before anesthesia, leading to operations on the wrong site.
• Sources: The Joint Commission's Universal Protocol mandates thorough preoperative verification to prevent WSS, but lapses in this process are still prevalent.

Documentation Errors

• Description: Incorrect or incomplete documentation in medical records can lead to surgical errors. This includes errors in the surgical schedule, mislabeling of diagnostic images, or discrepancies between the surgical consent form and the operative plan.
• Examples: Situations where the surgical team relies on outdated or incorrect medical records, leading to mistakes in the surgical procedure.
• Sources: Documentation errors are frequently cited in reports from the National Center for Biotechnology Information (NCBI) and AHRQ as significant contributors to WSS.

Lack of Standardized Protocols

• Description: Variability in surgical protocols and adherence to safety checklists can result in inconsistent practices. Differences in how hospitals and surgical teams implement safety protocols can lead to gaps in the verification process.
• Examples: Facilities that do not adhere strictly to the Universal Protocol or fail to conduct proper surgical time-outs before incision.
• Sources: Studies published in medical journals such as the New England Journal of Medicine emphasize the importance of standardized protocols in preventing WSS.

Time Pressures and Fatigue

• Description: Surgeons and medical staff working under extreme time pressures or fatigue are more prone to making errors. Long hours, high patient volumes, and urgent cases can contribute to cognitive overload and lapses in concentration.
• Examples: Instances where surgical teams rush through preoperative checks or skip safety steps due to time constraints or fatigue, leading to errors in the surgical process.
• Sources: Research from sources like the American College of Surgeons and articles in medical journals highlight the impact of surgeon fatigue and time pressures on the incidence of WSS.

Notable Documented Cases of Wrong-Site Surgery in New York

Several high-profile wrong-site surgery cases in New York have highlighted the severity and consequences of such errors of medical negligence. Here are some of the major documented cases:

Case 1: Spinal Surgery on the Wrong Vertebra

• Incident: In 2018, a patient underwent spinal surgery at a prominent New York hospital. The surgery was intended to address a herniated disc, but the surgeon operated on the wrong vertebra.
• Outcome: The error was discovered postoperatively when Jane continued to experience severe pain. A subsequent MRI revealed the mistake, necessitating a second corrective surgery. She suffered prolonged pain and emotional distress.
• Legal Action: The patient sued the hospital and the surgeon for medical malpractice. The case was settled out of court for a substantial amount, and the hospital implemented stricter verification protocols to prevent future occurrences.

Case 2: Wrong-Site Knee Surgery

Incident: In 2015, a patient was scheduled for a left knee arthroscopy at a New York City hospital. The surgeon, however, mistakenly operated on his right knee.

• Outcome: He endured unnecessary surgery on a healthy knee and faced delayed treatment for his injured knee. This resulted in increased pain, additional medical procedures, and extended recovery time.
• Legal Action: The patient filed a medical malpractice lawsuit against the hospital and the surgical team. The case resulted in a settlement, and the hospital agreed to revise its preoperative verification procedures.

Case 3: Wrong Eye Surgery

• Incident: In 2013, an elderly patient at a New York hospital was supposed to undergo cataract surgery on his right eye. The surgeon, however, operated on the left eye, which was not scheduled for surgery.
• Outcome: The patient experienced significant vision problems and required further corrective surgery. The mistake caused considerable emotional and physical distress.
• Legal Action: The patient’s family pursued a medical malpractice claim. The hospital settled the case, and part of the settlement included changes in the hospital’s pre-surgical verification process.

Case 4: Wrong-Site Biopsy

• Incident: In 2010, a woman underwent a biopsy to remove a suspicious lump in her left breast at a New York medical facility. The surgeon mistakenly performed the biopsy on her right breast.
• Outcome: The patient had to undergo another procedure to remove the lump from the correct site, resulting in additional pain, scarring, and psychological trauma.
• Legal Action: The patient filed a lawsuit against the surgeon and the hospital. The case was settled, and the hospital introduced more rigorous surgical site marking procedures.

Case 5: Incorrect Leg Amputation

• Incident: In 2007, a patient at a New York hospital was scheduled for the amputation of his gangrenous left leg. Due to a series of communication failures and documentation errors, the surgical team amputated the patient’s right leg.
• Outcome: The patient was left severely disabled and required a second amputation of the originally intended leg. This catastrophic error led to lifelong impairment and severe emotional trauma.
• Legal Action: The patient sued the hospital and the surgical team. The case was highly publicized, resulting in a substantial settlement. The hospital faced significant scrutiny and was required to overhaul its surgical protocols and patient verification processes.

Case 6: Wrong-Site Hand Surgery

• Incident: In 2019, a patient was scheduled for carpal tunnel release surgery on their left hand at a New York hospital. Due to a mix-up in pre-surgical preparation, the surgeon performed the procedure on the right hand.
• Outcome: The patient suffered unnecessary surgery on the healthy hand, leading to additional pain and prolonged recovery. The left hand still required the original surgery.
• Legal Action: The patient filed a lawsuit against the hospital and the surgeon. The case was settled, and the hospital revised its surgical site marking and verification processes.

Case 7: Wrong-Site Lung Surgery

• Incident: In 2016, a patient was scheduled for a lung biopsy on the left lung at a New York medical center. The surgeon mistakenly performed the biopsy on the right lung.
• Outcome: The patient experienced complications and required another surgery to address the original issue. This resulted in extended hospital stays and increased risk of infection.
• Legal Action: The patient pursued a medical malpractice lawsuit. The case was settled with the hospital agreeing to pay damages and implement new verification protocols to prevent such errors in the future.

Case 8: Wrong-Site Kidney Surgery

• Incident: In 2014, a patient was scheduled for a procedure on their right kidney to remove a tumor at a New York hospital. The surgeon operated on the left kidney instead.
• Outcome: The patient faced significant health risks due to the unnecessary surgery and required further treatment to address the tumor in the right kidney. This caused additional pain, recovery time, and emotional distress.
• Legal Action: The patient sued the hospital and the surgical team. The case resulted in a settlement, and the hospital made changes to their surgical verification procedures to avoid future mistakes.

Case 9: Wrong-Site Foot Surgery

• Incident: In 2011, a patient was scheduled for surgery to correct a bunion on their left foot at a New York hospital. The surgeon performed the procedure on the right foot.
• Outcome: The patient endured unnecessary surgery, which led to prolonged pain and recovery, and required another surgery on the correct foot.
• Legal Action: The patient filed a medical malpractice claim. The hospital settled the case, agreeing to compensate the patient and implement stricter preoperative verification measures.

Case 10: Wrong-Site Ear Surgery

• Incident: In 2009, a patient was scheduled for surgery on their right ear to treat chronic ear infections at a New York hospital. The surgical team mistakenly operated on the left ear.
• Outcome: The patient suffered from the unnecessary surgery, which led to additional pain, complications, and the need for corrective surgery on the correct ear.
• Legal Action: The patient filed a lawsuit against the hospital and the surgeon. The case was settled, and the hospital introduced new protocols for verifying surgical sites to prevent future occurrences.

These cases illustrate the severe consequences of wrong-site surgery and highlight the critical need for stringent verification procedures, effective communication among medical staff, and adherence to established safety protocols to prevent such errors.

Choose the Leading New York City Medical Malpractice Lawyers to Recover Maximum Compensation

For nearly a century, Rosenberg, Minc, Falkoff & Wolff, LLP has been a leading personal injury law firm in New York City, focusing on medical malpractice cases, including wrong-site surgeries. Founded in 1922 by esteemed trial attorney Gustave G. Rosenberg, our firm has consistently delivered outstanding results, earning a reputation for our relentless advocacy and exceptional track record of wins.

Our team of skilled medical malpractice attorneys in New York is dedicated to fighting for the rights of patients who have suffered due to surgical errors, ensuring they receive the compensation they deserve to rebuild their lives with dignity and independence. To schedule your free consultation, call us at 212-344-1000 or contact us online.