Wrong Site Surgical Error Claims *
A medical negligence claim * for wrong site surgery arises when a surgeon performs an operation on the wrong part of the body. In the medical world, this is known as a ’never event’. A never event is defined as a serious medical error which was completely preventable and therefore should never happen and is commonly attributed to medical malpractice.
When a surgeon performs a surgery on the wrong part of the body there is a wide range of health consequence that goes with it. Any delay in performing the correct procedure can unnecessarily prolong the injury, progress the injury or condition to a stage it should have gotten and also impact on the patient’s life expectancy age. Generally, the patient will have to undergo and second procedure to correct the error.
If a patient contracts an injury either physically or psychological due to the negligence of a medical practitioner performing surgery on the wrong site is they may be eligible for a legal remedy.
Causes of Wrong Site Surgery
The factors that contribute to medical errors resulting in wrong-site surgery have been:
- Actions or inactions of the surgeon.
- Failing to clearly mark the area for surgery.
- The position of the patient – they may be placed in a way that conceals the site marking for surgery.
- Inaccurate diagnosis, reports or images
- Wrong information passed on to other medical professional involved in the surgery
- Right hand vs left hand – it is suggested that because most people are right-handed and most equipment setups are right-handed people, a left-handed surgeon may be at a higher risk of making a surgical error.
- Time pressures can also play a part where an emergency surgery must be performed, for example, or the start time is delayed because of a pervious surgery taking longer than expected.
- Medical history is not reviewed
- Lack of a formal check of the area for surgery
- Surgical mark added too early and the site mark washes away before the surgery or is removed too early during surgery preparation.
- Communication breakdowns
- Patient/family members incorrectly identify the site for surgery
- Between surgical team
- Incorrect information is shared with the surgical team
Risk of wrong site procedures increases in cases where:
- There is more than one surgeon present
- The patient is transferred from one surgeon to another
- Where multiple procedures are performed during one surgical sitting – especially when these procedures are on different sides of the body
- The patient physical characteristics are unique, for example, obese patients or patients with physical deformities may cause the surgeon to deviate from surgical norms and in these cases, the risk of wrong site surgery is increased.
There is a universal protocol that is generally organised into the following three categories, if any of these aspects are left out of before the surgery commences the risk of wrong site surgery can increase:
In this phase, all relevant documents, studies, tests etc. are studied to ensure consistency with the patients expectations and to ensure that the surgical team understands the patient, their history, condition, the surgery and the surgical site.
Marking of the Surgical Site
The surgical site is marked so that the mark is visible to the surgical team after the patient is prepped for surgery. Site marking must also be marked by a physician, never on an non-operative site, marked for multiple incisions (where necessary).
This phase, referred to as ‘Time Out’, occurs just before the surgery happens and includes final verification that it is the correct patient, procedure and that the surgery is to happen on the correct part of the patient’s body. Communication happens between all members and procedure is not started until all questions and concerns are raised and answered within the surgical team.
Making a Claim
Speak to a solicitor
It is recommended that you speak with a medical negligence solicitor * as soon as possible after the incident. Medical Negligence is considered a very complex topic in Irish Law. Attempting to proceed alone without the help of a solicitor may result in you missing some important steps. Your solicitor can then guide you through the next steps of the process to ensure that the claims procedure runs as smoothly as possible for you.
Medical records can be recovered upon request. Once obtained the information will provide a firm indicator as to where liability lies. The records will also be examined by an independent medical practitioner for their expert opinion to be taken.
Letter of Claim
If the independent medical expert has concluded that medical negligence is the cause of your injury then your solicitor will draft a Letter of Claim. This letter outlines the nature of the case and invites the negligent party to settle.
The next steps involved are dependent on the response to the Letter of Claim. It will determine whether or not the case will proceed to court. To reduce confusion and make the process as stress-free as possible your solicitor will be available to guide you through the process every step of the way.
TELL US ABOUT YOUR CASE
At Tracey solicitors, our dedicated medical negligence solicitors * have years of experience in helping people with their claims. We understand the injuries (physically and emotionally) that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims * in Ireland over the past 30 years.