Can I sue a doctor for doing the wrong surgery?

What happened to you is commonly known as "wrong-site surgery." This is surgery performed on the wrong side, wrong body part, wrong location, or wrong patient. It can also be the wrong surgical procedure. While considered rare, wrong-site surgery has continued to increase annually since the 1990's. It's been estimated that there are 5-10 cases of wrong-site surgery per day in the United States.

There are several reasons why wrong-site surgery can occur. Some causes include miscommunication between the surgical team, inadequate pre-operational preparations, and time pressure. All these can lead to a surgeon making mistakes during the surgery.

You may have the right to sue for compensatory damages, including medical expenses, lost wages, physical disability, emotional distress, pain and suffering, punitive damages, and any other injuries or damages that you have suffered as a result of the wrong kidney being removed. You need to prove the following in order to win a medial malpractice lawsuit:

• The surgeon owed a legal duty to provide you with medical treatment
• The surgeon breached that duty (standard of care) by removing the wrong kidney
• The breach of duty was the proximate cause of your injury
• You have suffered actual injuries and damages as a result of the surgeon's negligence

You may also be able to sue the hospital and other healthcare professionals involved with your surgery. Consult a medical malpractice attorney to learn what your legal options are and who the proper parties are to sue.