Can I Sue if a Surgeon Operates on the Wrong Body Part in Florida?

When you undergo any surgical procedure, you place great trust in the medical professionals responsible for your care. The last thing you expect when you wake up in the recovery room following a surgery is to discover that the surgeon operated on the wrong part of your body. This is a grievous and traumatic error that can leave you uncertain of your legal rights and options. The following blog explores the steps you can take to file a malpractice claim with the help of an Indian River County surgical error lawyer to guide you through these difficult times.

What Is a Wrong-Site Surgery?

A wrong-site surgery occurs when a surgeon operates on the wrong part of your body, whether it be the wrong side of the body, the wrong organ, or even the wrong patient. For example, if you undergo surgery for a torn right labrum in your shoulder, but the team operates on your left shoulder, this is considered wrong-site surgery.

While it may seem impossible for this to happen, it absolutely can. Because standard medical practices and procedures are designed to avoid this type of error, wrong-site surgery is almost always the result of a series of process failures. Miscommunication, inaccurate charting, and failure to adhere to the mandatory pre-operative “time-out” procedure can cause a surgical team to perform a wrong-site surgery.

The final check to avoid catastrophic error is the time-out procedure, which requires the surgical team to stop what they are doing at the outset of the surgery and verbally verify crucial information about the patient, like their name, the procedure, and the correct site. Additionally, the team confirms documented allergies and ensures all necessary consent forms have been signed before beginning the procedure.

In Florida, the Agency for Health Care Administration (AHCA) classifies wrong-site surgery as a “never event.” This essentially means that this error is so egregious that it should never occur. While wrong-site surgery is a “never event,” Florida law does treat wrong-site surgery as conclusively negligent in medical malpractice cases. Instead, Florida courts presume that a wrong-site surgery constitutes medical malpractice and require the medical providers to rebut that presumption. This significant shift in the burden of proof is rare but fair in cases involving such egregious error.

Who Can Face Liability for Operating on the Wrong Body Part?

Because of the nature of wrong-site surgery, there are a number of entities that may be liable for damages suffered as a result of this category of medical negligence.

A victim may file a claim against the surgeon for failing to verify the surgical site, against the nurses for any miscommunication on their part, against the hospital or surgery center for inadequate protocol or failure to enforce safety standards, and against the various corporate entities that employ these medical providers.

Medicine improves when medical providers are transparent and focus on quality assurance over risk management. Unfortunately, surgical errors are often swept under the rug. As such, if you are the victim of a wrong-site surgery or other surgical mistake in Florida, it is in your best interest to connect with Ullian Trial Law to explore your legal options. Our firm understands how complex and overwhelming these matters can be, which is why our team is dedicated to helping you fight for the compensation and justice you deserve. Contact us today to learn more.