Wrong site surgery — operating on the wrong body part, the wrong side, or even the wrong patient entirely — is classified by medical organizations as a “never event.” That term exists because these errors are considered wholly preventable. And yet, they continue to occur in hospitals and surgical centers across the country.
Our friends at Mishkind Kulwicki Law Co., L.P.A. discuss the aftermath of these cases with affected patients regularly. A wrong site surgery lawyer can help you understand what steps to take, and just as importantly, what mistakes to avoid while your potential claim is still intact.
Assuming the Hospital Will Make It Right
After a wrong site surgery, hospital staff may be apologetic. Risk management teams may reach out quickly. That responsiveness can feel reassuring, but it is important to understand that those teams are working to protect the hospital’s interests, not yours.
Do not interpret early communication from the hospital as a commitment to full and fair compensation. Their goal is often to resolve the situation as quietly and cheaply as possible. Your goal should be to protect your rights before agreeing to anything.
Signing Documents Without Legal Review
This follows directly from the point above. In the days after a serious surgical error, you may be presented with documents to sign. Some may appear routine. Others may significantly affect your ability to pursue a claim.
Never sign anything from the hospital, its insurer, or any affiliated party without first having an attorney review it. A release or waiver signed early on, even unintentionally, can eliminate your legal options entirely.
Failing to Request and Preserve Medical Records
Your medical records are the foundation of any wrong site surgery case. They include:
- Pre-operative documentation and surgical consent forms
- Operative notes and anesthesia records
- Post-operative reports and nursing notes
- Any incident or occurrence reports filed internally
Request a complete copy of your records as soon as possible. Hospitals are required to maintain these, but documentation can be amended, and having an early copy matters. Your attorney can also work to obtain records and imaging through formal legal channels.
Not Seeking a Second Medical Opinion
Beyond the legal side, your health comes first. A wrong site surgery may mean that the intended procedure still needs to happen, or that you now need corrective treatment for complications caused by the error.
Seeing an independent physician, one with no affiliation to the hospital where the error occurred, gives you an unbiased assessment of your current condition and what care lies ahead. It also creates an independent medical record that supports your account of what happened and what you now face.
Talking Openly About the Case
It is natural to want to share what happened with people you trust. But in the context of an active legal matter, conversations with friends, family, and especially on social media can create problems you would not anticipate.
Defense attorneys can and do look at social media profiles. Comments you make, even casually, can be pulled into the case and used to challenge your credibility or the severity of your experience. Keep the details of your case between you, your attorney, and those who need to know.
Settling Before Understanding the Full Scope of Harm
Wrong site surgery can have lasting consequences. Corrective procedures, ongoing pain, nerve damage, infection, and psychological trauma are all real outcomes. According to research published by the National Institutes of Health, patients who experience serious surgical errors often face long-term physical and emotional effects that extend well beyond the initial incident.
Accepting an early settlement before the full picture is clear means you may be giving up compensation for future medical care, lost income, and pain and suffering you have not yet fully experienced. Once a settlement is signed, there is generally no going back.
Not Acting Within the Legal Time Limits
Medical malpractice claims, including those involving wrong site surgery, are subject to statutes of limitations. These deadlines vary and are strictly enforced. Waiting too long, even when you believe you have a strong case, can bar you from filing entirely.
If you or a loved one has been harmed by a surgical error, the time to get informed is now. An attorney who handles wrong site surgery claims can evaluate what happened, explain your options, and help you move forward with clarity and confidence.