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What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

6/27/2009
Steve Lombardi
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Wrong-side surgery article

This article discusses the issues involving wrong-site surgery and how to deal with it. It also discusses the legal principle of res ipsa loquitur, the thing speaks for itself.

Getting Surgery Right

John R Clarke, MD ; Janet Johnston, MSN, JD ; Edward D Finley, BS

Published: 09/01/2007; Updated: 11/16/2007

Wrong-site surgery is perceived as a medical error that should never happen, not a medical risk that the patient must accept, and therefore a core patient safety problem. Legally, it qualifies under the principle of res ipsa loquitur. The National Quality Forum (NQF) includes wrong-site surgery events on its list of Serious Reportable Events, commonly referred to as never events.[1] Several states use that list as the basis for reporting patient safety problems. In some states (eg, Minnesota), these reports are made public. Florida imposes fines and disciplinary actions against surgeons for doing wrong-site surgery. As of July 2006, they had disciplined 45 physicians; 3 had been fined $20,000 each.[2]


The objective of this author is to identify factors contributing to this medical procedure failure or error. As embarrassing as it is the medical profession needs to address the problem while recognizing why it's occurring. Doing too much in too brief a period of time, being distracted, not reading the chart and allowing the system of health care to operate like factory piece work.  Frankly it's not working for the doctors or the patients.  Simply blaming doctors isn't the answer.  We need to fix the system that allows it.

Objective:
We sought to identify factors contributing to wrong-site surgery (wrong patient, procedure, side, or part).




Are you one of the many patients who every year experience a medical mistake that seems so obvious you can't believe it happened to you? Did they operated on the wrong site or do the wrong procedure or worse yet operate on the wrong patient. We have experience litigating these cases and can help you. It's really pretty straight forward. Don't talk with the doctor or hospital’s insurance company representative. They aren't there for you. If you are the surgical patient it's important you understand the time-out procedure and how it's supposed to be used. Lombardi Law Firm has been studying this issue and we have represented clients involved in wrong-site surgeries.

Remember there are three types of surgical mistakes that the time-out is supposed to prevent. 1. Wrong-site surgeries. 2. Wrong-patient surgeries. 3. Wrong-procedure surgeries.  If this happens to you contact the Lombardi Law Firm. We will assist you with your claim.  Know your rights, act proactively and protect yourself.




1 Comments to "Wrong-side surgery article"

Unfortunately i was wrong side surgery twice ri hospital. brain tumor surgery, he took out my pituitary. i HAVE TO LIVE ON STEROIDS THE REST OF MY LIFE. tHE NEUROSURGEON CAN AFFORD THE BEST ATTORNEYS TO FIGHT FOR HIM.
Posted by pat h on August 23, 2009 at 05:55 AM

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