Wrong-Site Surgery Lawyer in Massachusetts

Wrong-Site Surgery as a Never-Event

Wrong-site surgery, operating on the wrong body part, performing the wrong procedure, or operating on the wrong patient entirely, is classified by the Joint Commission as a “never-event”: a preventable error that should never occur when proper protocols are followed. The Universal Protocol, a set of pre-surgical safety checks including a pre-procedure verification, surgical site marking, and a time-out immediately before incision, was developed specifically to prevent these errors. When wrong-site surgery occurs despite these protocols, or because the protocols were not followed, the responsible surgeon and the hospital share liability for the resulting harm. Attorney Jeffrey C. Lavey represents wrong-site surgery victims throughout Massachusetts.

The Universal Protocol and Its Requirements

The Universal Protocol requires three critical steps before every surgical procedure. The pre-procedure verification confirms the correct patient, correct procedure, and correct site using the patient’s armband, chart, and verbal confirmation. The site marking involves the surgeon marking the surgical site with an indelible marker before the procedure, in consultation with the patient while the patient is awake. The surgical time-out, conducted immediately before the incision, requires that all members of the surgical team stop and actively confirm the patient, procedure, and site. Failure to properly implement any of these steps that allows a wrong-site error to occur creates both surgeon and institutional liability.

Consequences of Wrong-Site Surgery

The consequences of wrong-site surgery depend on what was done and to which body part. Operating on the wrong side of a bilateral structure, removing the correct type of tissue from the wrong side of the body, means that the intended surgical problem remains while the healthy tissue has been unnecessarily subjected to surgery. Wrong-procedure errors mean that the patient underwent all the risks of surgery without any benefit and still requires the correct procedure. Wrong-patient errors expose a patient to all the risks of a procedure intended for someone else. All of these outcomes cause serious compensable harm.

Hospital and Surgeon Liability

Both the operating surgeon and the hospital bear responsibility for wrong-site surgery. The surgeon bears direct liability for performing the incorrect operation. The hospital bears liability for the institutional failures that allowed the error, failure to implement the Universal Protocol, failure to verify compliance with the protocol, and failure to create an environment in which the surgical team could effectively complete the safety checks. Attorney Lavey pursues both the surgeon and the hospital in every wrong-site surgery malpractice case.

Compensation for Wrong-Site Surgery Victims

Wrong-site surgery compensation covers the cost of corrective surgery to address the intended problem that was not treated, the cost of any additional treatment required to address harm caused by the erroneous surgery, all lost wages during the extended treatment and recovery, pain and suffering from the entirely preventable surgical error, and future medical costs for any lasting consequences. Attorney Lavey pursues every element of compensation in every wrong-site surgery case.

Frequently Asked Questions