In wrong site surgery lawsuits, patients often seek extensive damage claims relating to injuries and losses sustained during and after a wrong site surgery. An integral tenant to the medical practice is theory of “doing no harm” to the patient. In the case of wrong site surgery, not only are ethical tenants violated, but also legal lines are crossed, including standard of care and duty of care.
Patient rights and legal remedies following a wrong site surgery are vast and readily available. Most wrong site surgery claims cases rely on the doctrine of res ipsa loquitur (“the thing speaks for itself”, or the surgical procedure on the wrong part of patient’s body is sufficient enough to prove negligence), which use the damages suffered by a patient as the clear indicator that a breach of duty of care, as well as negligence, has occurred.
Patient Damages Applicable to Wrong Site Surgeries
The main concern for patients and their legal counsel when preparing a wrong site surgery claim is not proving negligence, establishing a doctor-patient relationship, or any other common legal elements in medical malpractice claims. Rather, patients and their counsel will use the damages suffered by a patient, as well as proximate cause, to prove a viable medical malpractice claim exists. Establishing the nature and extent of these damages, and what individuals or parties should be held liable, is the main concern of patients and their counsel following a wrong site surgery.
In order to determine damages, patients must consider the current and future implications of a wrong site surgery procedure. Certain wrong site surgery procedures may prove more invasive and devastating to patients than others. While the damage applicable each case will vary, the following lists common damage claims relevant to wrong site surgery procedures, including:
- The costs and expenses associated with the wrong site surgery procedure itself
- The costs and expenses related to correcting a wrong site surgery procedure damage, as well as the costs of having the procedure done on the correct site
- Future medical costs associated with treating a wrong site surgery, including rehabilitation and post-acute evaluations
- Lost income and other financial losses due to time missed from one’s work following a procedure
- Non-economic damage considerations, such as disfigurement, pain, suffering, emotional distress, loss of quality of life, and other non-economic damage claims, both in the short and long term
- Punitive damages against negligent parties, which may be applicable in certain cases
Getting Legal Help with Wrong Site Surgery Damage Claims
Following any wrong site surgery procedure, patients should immediately consult with an attorney and another medical professional about the next steps to take. In the case of wrong site surgery, a patient will still require medical treatment for their original surgery needs, as well as further medical treatment to correct damages from a wrong site surgery. During this timeframe, an attorney can begin laying the groundwork for future malpractice claims against negligent parties in a wrong site surgery for patients.
