Wrong-Site Surgery in Chicago
When seeking medical care, especially for significant medical treatments such as surgery, you trust that the doctors and surgeons will provide safe, competent treatment. Unfortunately, that does not always occur. One of the most severe types of medical errors is a wrong-site surgery. Surgery on the wrong body part can leave victims with serious medical complications, physical and emotional pain, financial harm, and other losses.
If you were the victim of a wrong-site surgery in Chicago, contact the law firm of Salvi, Schostok & Pritchard P.C. for a free consultation with one of our experienced medical malpractice attorneys. We will review your wrong surgery site case, explain your options for seeking compensation, and answer your questions about the legal process. We have recovered more than $2.5 billion on behalf of our deserving clients throughout the last 40+ years and are ready to put our experience and resources to work for you.
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What Is a Wrong-Site Surgery?
A wrong-site surgery occurs when a surgeon operates on the wrong part of the body, the wrong side of the body, or, in some cases, the completely wrong patient. Some of the most common examples of wrong-site surgeries include:
- Amputating the wrong limb after a serious incident or medical condition
- Performing surgery to remove the wrong organ
- Operating on the wrong side of the brain, or the wrong part of the spinal column
- Mixing up patients and performing the wrong procedures on the wrong patient
All these cases are dangerous for two primary reasons. First, the patient undergoes an entirely unnecessary surgery that may leave them disabled if the surgeons remove an otherwise healthy body part. Second, the wrong-site surgery does not solve the underlying medical problem the patient went into surgery to have corrected, allowing that problem to worsen and lead to further medical complications.
Why Do Wrong-Site Surgeries Occur?
Wrong-site surgeries often occur due to neglect of patient safety at various steps along the treatment process. If everyone involved in the surgery performed their jobs competently, these incidents would not have happened. The following are examples of wrong-site surgery negligence:
- Poor communication – Miscommunication between surgeons, other doctors, nurses, and other medical professionals before and during surgery is a major factor in wrong-site surgeries. It can lead to confusion regarding when, where, and how a procedure should be performed.
- Inadequate verification – Before any surgery, doctors should check the surgical sites and properly verify the patient’s information to avoid operating on the wrong individual. Additionally, a patient’s consent form should outline the surgery they will undergo to reduce the risk of an error.
- Failure to use checklists – The World Health Organization (WHO) developed a surgical safety checklist to reduce the risk of wrong-site surgeries. Surgeons who skip using a similar checklist increase their chances of making mistakes.
- Fatigue and overwork – Surgeons, nurses, and other medical staff often work long hours. That can lead to fatigue, making errors more likely.
- Improper surgical markings – The operation site should be clearly marked on the patient’s body before surgery. Failure to mark the correct location or using the wrong markings can contribute to wrong-site surgeries.
Legal Claims Involving Wrong-Site Surgery
Under Illinois law, surgical malpractice victims have two years to file lawsuits against the medical professionals and hospitals responsible for their wrong-site surgery injuries. Failure to file your medical malpractice suit before the deadline will result in the courts barring you from seeking compensation in court. It is critical to begin working with our experienced surgical error attorneys at Salvi, Schostok & Pritchard P.C. as soon as possible.
Through your medical malpractice case, you must prove that you suffered an injury due to the surgical team’s negligence. Some examples of potential evidence you could use to demonstrate medical negligence include:
- Your medical records that establish your diagnosis and prognosis
- Your medical records that outline the treatment and surgery you were supposed to undergo
- The hospital’s records of the surgery that was performed on you
- The hospital’s internal communication between surgeons and other medical staff about your surgery
- Expert testimony from a third-party medical professional regarding the proper steps the medical provider should have taken to avoid the error
Through your medical malpractice lawsuit, you can seek compensation for losses such as the following:
- Medical expenses, including the initial wrong-site surgery, any necessary corrective surgeries, and rehabilitation
- Lost income and reduced earning capacity caused by the medical error
- Physical pain and emotional suffering
- Emotional distress caused by the wrong-site surgery
- Disability and disfigurement
How Can a Medical Malpractice Lawyer Help with a Wrong-Site Surgery Case?
Our Chicago medical malpractice lawyers stand ready to handle your wrong-site surgery case from start to finish. One of the first steps we will take is to investigate the incident, identify the at-fault parties, and gather the evidence necessary to hold them financially liable for your losses.
Next, our lawyers will calculate your losses and submit demand letters to the at-fault parties and their insurers. If they do not accept the terms of your demand letter or are unwilling to negotiate a fair settlement, our lawyers will file your lawsuit within the deadline outlined in the statute of limitations.
One of the most critical roles our lawyers can play is that of negotiator. Even after the lawsuit is filed, we will continue negotiating with the medical provider’s insurance company for you, seeking a full and fair settlement for your losses. If the insurance company refuses to offer a fair settlement, our lawyers will take your case to trial and seek the maximum compensation.
What to Do After a Wrong-Site Surgery
After a wrong-site surgery, it is essential that you take the following steps to protect your well-being and your right to seek compensation:
- Report the incident to the healthcare provider and request copies of your medical records, including surgical reports.
- Seek corrective and ongoing medical care to treat your initial condition and new injury.
- Document everything, photographing your visible injuries and writing down how the wrong-site surgery has impacted your life.
- Avoid providing a recorded statement to insurance companies, as they will try to use your words against you to deny or undervalue your case.
- Consult our experienced medical malpractice attorneys and have us handle your case while you focus on your recovery.
Contact Our Chicago Medical Malpractice Attorneys
If you were the victim of a wrong-site surgical procedure in Chicago, contact Salvi, Schostok & Pritchard P.C. now for a free consultation about your medical malpractice claim. Our lawyers have more than 40 years of experience and have recovered $2.5 billion for our injured clients. Let us show you why our firm ranked number one in Chicago Lawyer’s recent annual Settlement Report.
