Learn about your rights if you or a loved one is the victim of a wrong-site surgery in Tampa

Surgical procedures, while often life-saving, carry inherent risks, one of the most alarming being wrong-site surgery. 

This rare but serious error, which occurs when a surgeon operates on the incorrect site or body part of a patient, can have devastating consequences, including the need for additional surgeries to correct the error as well as the progression of a disease due to a delay in treatment that could even lead to wrongful death. 

In this article, we’ll explore how these mistakes occur, the measures in place to prevent them, and what steps you can take if you or a loved one are affected by such an error. We’ll also provide essential information on your legal rights and the options available for seeking compensation through medical malpractice claims in Tampa. 

If you have additional questions about surgical errors in the Tampa Bay area after reading this article, don’t hesitate to reach out to Palmer Lopez to schedule a free consultation.

How many people have wrong-site surgery?

A 2019 study by the ​​U.S. Department of Health and Human Services’ Agency for Healthcare Research and Quality found that surgical errors involving the wrong-site, wrong-procedure, or wrong-patient, known as WSPEs, happen roughly once in every 112,000 cases, suggesting a hospital might encounter such an error once every 5 to 10 years. 

However, this frequency was calculated based only on procedures conducted in operating rooms. So, if procedures carried out in other settings, like ambulatory surgery or interventional radiology, were also taken into account, the incidence of errors could be substantially higher, the study suggests. 

This notion is backed up by another study from the U.S. Department of Veterans Affairs that revealed that about half of all surgical errors occur in settings other than the operating room.

What is a common risk factor for wrong-site surgery?

According to a study by the Joint Commission for Transforming Healthcare published in 2014, wrong-site surgery mistakes stem from several core factors that tend to cluster around 4 main areas within healthcare settings:

1. Scheduling errors. These might involve an office scheduler accepting verbal requests for surgical bookings, which can increase the risk of misunderstandings or inaccuracies compared to written confirmations, or the use of unapproved abbreviations or illegible handwriting on booking forms, which can lead to confusion and miscommunication, further complicating the scheduling process.
2. Pre-operative and holding area issues. These can include miscommunication of patient details, improper verification processes, inconsistencies with who marks the surgical site, or inadequate review of the surgical site and procedure with the patient and surgical team prior to anesthesia.
3. Operating room challenges. Inside the operating room, pressures such as time constraints or a chaotic environment can lead to mistakes. Lack of adherence to safety protocols, like the failure to perform a final verification of the surgical site and procedure with the entire team present, can result in operating on the wrong site.
4. Organizational culture. The broader culture of a healthcare organization can significantly impact the frequency of surgical errors. A culture that does not strongly promote patient safety, transparency, and open communication can contribute to an environment where wrong-site surgeries are more likely to occur. Conversely, a culture that prioritizes patient safety and encourages team members to speak up about discrepancies can help prevent these errors.

Each of these areas presents specific challenges that need to be addressed to reduce the risk of wrong-site surgery.

What is the best way to prevent wrong surgical site errors?

The Joint Commission has established a set of standards called the Universal Protocol that is designed to prevent wrong-site, wrong-procedure, and wrong-person surgery. 

The rigorous verification processes outlined in the Universal Protocol include several key steps that must be done before any surgical procedure. They include:

1. Pre-procedure verification. Before the surgery, all relevant documents and reports, including the patient’s history and physical, lab work, X-rays, etc., must be reviewed to ensure that they’re available and accurate. This step is to confirm that the planned procedure matches the patient’s needs and the surgical team’s understanding.
2. Marking the surgical site. The exact location of the surgery is to be marked on the patient’s body. This marking must be done by a qualified healthcare provider and should occur while the patient is awake and involved, if possible, so they can confirm the correct site.
3. Time-out. Immediately before the procedure begins, the entire surgical team conducts a final time-out. During this pause, the team verifies the patient’s identity, the surgical site, and the planned procedure. All team members must agree and confirm that everything is correct before proceeding.

These steps are designed to ensure multiple layers of checks and balances, promoting patient safety by minimizing the risk of errors right up to the start of the procedure. Any failure to properly perform these steps could be grounds for a medical malpractice lawsuit.

Who is at fault for wrong-site surgery?

Determining who could be at fault for a wrong-site surgery involves a thorough examination of a patient’s medical records, communication logs, and witness statements, as well as input from medical experts, which typically requires the help of an experienced medical malpractice attorney. 

Responsibility could potentially be attributed to several parties, depending on where the breakdown in protocol occurred, including:

In many cases, liability may be shared among multiple parties, so it’s crucial to consult with a medical malpractice attorney with experience in handling these types of complex cases to ensure your rights are protected and you receive maximum compensation from everyone involved.

How can the Tampa medical malpractice attorneys at Palmer Lopez help with my wrong-site surgery claim?

With over 35 years of experience, the skilled Tampa medical malpractice lawyers at Palmer Lopez can provide expert assistance with a wrong-site surgery claim. We have a deep understanding of the complexities involved in medical malpractice cases and can help you navigate the legal process to secure the compensation you deserve. 

Our vast knowledge of wrong-site surgeries means that we’re well-equipped to handle the intricacies of proving negligence in these cases and demonstrating how the standard of care was breached, so you can recover the compensation you need and deserve. 

Contact our office today to schedule a free consultation to discuss your legal options and the best course of action for you and your family.