Surgery always involves risk, but patients should never have to worry that a doctor will perform the wrong procedure or operate on the wrong part of the body. These errors, known as wrong site surgery, are considered “never events” because they should not occur when medical professionals follow established safety standards.
Unfortunately, these mistakes still happen in hospitals and surgical centers across the country, including here in Maryland. Wrong site surgery not only violates a patient’s trust but also leaves individuals facing additional procedures, prolonged recovery, and, in some cases, lifelong disability. For families, the emotional and financial toll can be overwhelming. Understanding how these errors occur and what legal options exist can help victims seek accountability and justice.
What Is Wrong Site Surgery?
Wrong site surgery happens when a physician performs the wrong operation, operates on the wrong side of the body, or even performs a procedure on the wrong patient. These are rare but devastating mistakes that can permanently alter a person’s life.
Some examples include:
- Operating on the wrong limb,
- Removing the wrong organ,
- Performing surgery on the wrong patient, and
- Operating on the wrong level of the spine.
In many situations, patients require additional procedures to correct the mistake, prolonged hospital stays, and long periods of rehabilitation. Some are left with permanent disabilities or face fatal outcomes.
How Do These Errors Occur?
Hospitals and surgical teams are required to follow strict “time-out” protocols to confirm the patient’s identity, the correct procedure, and the correct site. Wrong site surgery can occur when those protocols are ignored or when communication breaks down.
Common causes include:
- Miscommunication between surgical staff, such as failing to confirm the correct side of the body;
- Failure to mark the surgical site clearly or correctly;
- Inaccurate or incomplete medical records that mislead the operating team;
- Time pressures in busy operating rooms that lead to skipped safety checks;
- Poor coordination among multiple specialists involved in a patient’s care;
- Overreliance on memory rather than standardized checklists; and
- Inadequate training or supervision of surgical staff.
Each of these breakdowns is preventable. When hospitals or providers fail to meet established safety standards, patients suffer. These errors not only cause physical harm but also create strong grounds for pursuing a legal claim.
Wrong Site Surgery Compensation Claims
Victims of these mistakes face significant physical, emotional, and financial burdens. Through wrong site surgery compensation claims, patients and families in Maryland may recover damages for:
- Past and future medical expenses, including corrective surgery;
- Lost income and reduced earning capacity;
- Pain and suffering caused by the error;
- Lasting disability or disfigurement; and
- Funeral and burial expenses in wrongful death cases.
Maryland malpractice claims must meet specific filing requirements, including a certificate of merit from a qualified medical expert. An attorney experienced with medical malpractice cases can help confirm that your claim is filed correctly and supported with the necessary medical evidence.
The Emotional Toll of Wrong Site Surgery
The harm from wrong site surgery is not limited to physical injury or financial loss. Patients frequently suffer psychological trauma, including anxiety, depression, and fear of future medical care. Families may experience grief, anger, or guilt after witnessing a loved one endure such a preventable mistake.
This emotional impact often disrupts daily routines, strains relationships, and diminishes quality of life. Noneconomic damages in malpractice claims are intended to recognize this suffering and provide resources for counseling, therapy, and long-term emotional support.
How to Prevent Wrong Site Surgery
Patients depend on surgeons and hospitals to protect them from preventable errors, but they can also take steps to safeguard their own care. Understanding how to prevent wrong site surgery may help reduce the risk of this type of mistake.
Patients may:
- Ask the surgeon to mark the site before surgery, while the patient is present;
- Confirm details of the procedure with multiple members of the surgical team;
- Review medical records carefully for accuracy prior to surgery; and
- Bring a trusted family member or advocate to pre-surgical meetings.
Although these steps cannot guarantee safety, they may help catch errors before they occur.
Why Legal Representation Is Essential
A lawsuit after wrong-site surgery is not only about compensation but also about accountability. Hospitals and insurers often attempt to limit their liability. Building a strong case requires reviewing medical records, consulting expert witnesses, and demonstrating how the error violated accepted standards of care.
Brockstedt Mandalas Federico has decades of combined trial experience and a record of achieving significant results in complex malpractice cases. Our medical malpractice attorneys understand the devastating impact surgical mistakes have on patients and families and fight for justice both inside and outside the courtroom.
Speak with a Maryland Medical Malpractice Attorney
If you or someone you love suffered harm because of wrong-site surgery, you may be entitled to compensation for your medical expenses, lost wages, and long-term needs. Speaking with an attorney is the best way to understand your options and protect your rights.
Brockstedt Mandalas Federico is committed to helping patients and families pursue justice when preventable surgical mistakes occur. Contact us today for a confidential consultation to discuss your case and learn how our experience can protect your future.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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