Main Points

• Despite being labeled a “never event,” wrong-site surgeries continue to occur about 40 times per week in U.S. hospitals, leading to avoidable patient harm and distress.
• Despite the Universal Protocol’s mandates for pre-procedure verification, surgical site marking, and a “time-out” before incision, many facilities still have implementation issues.
• Patients have specific rights before surgery, including informed consent, participation in site marking, and the right to question procedures if protocols aren’t being followed.
• Communication failures, inadequate verification processes, and distractions in the operating room are the main factors contributing to wrong-site surgeries.

The Persistent Problem of Wrong-Site Surgery

Wrong-site surgery remains a persistent issue in American healthcare, despite being labeled a “never event” – an error so serious it should never occur under any circumstances. Every week, about 40 patients across the country face the heartbreaking reality of waking up to find their surgery was performed on the wrong body part, the wrong side, or even that they underwent an entirely different procedure. These errors represent a catastrophic breakdown in our medical system’s safety protocols, yet they continue to occur with disturbing regularity.

There’s more than just physical damage. Patients who have been victims of wrong-site surgery often have to undergo more procedures, stay in the hospital longer, and have more complicated recoveries than they would have if the surgery had been done correctly. The psychological impact can be just as bad, including long-lasting trauma and a lifelong mistrust of doctors. If you’ve been hurt and need help in the NYC Area, remember to “ASK4SAM” by just calling 877-ASK4SAM to speak with a lawyer for free.

What’s so distressing about these mistakes is that they are entirely avoidable. The Joint Commission set up the Universal Protocol about 20 years ago to put an end to these errors. It requires rigorous verification processes, site marking, and team “time-outs” before any surgery. However, these horrific errors continue to happen in operating rooms all over the country due to failures to implement the protocol, pressure to maintain workflow, and breakdowns in communication.

The Reasons Behind Wrong-Site Surgeries

Grasping the underlying reasons for wrong-site surgery is key to stopping it. It’s rare that these errors come from one single mistake. Instead, they usually come from a series of small mistakes during the surgery. Even the most advanced hospitals with the best safety systems can still have these errors. This usually happens when several safety checks fail at the same time.

When Healthcare Teams Don’t Communicate

Communication failures are the number one reason for wrong-site surgeries. The modern healthcare environment is complicated, with patients often being treated by several different providers in various departments and specialties. It’s crucial that information about the surgical site is accurately passed from primary care doctors to specialists, schedulers, pre-op nurses, anesthesiologists, surgeons, and operating room staff.

These handoffs are points of vulnerability where information can be misinterpreted or completely forgotten. A study that was published in the Archives of Surgery found that 70% of wrong-site surgeries were due to communication issues at some point during the process of care. The common scenarios include conflicting information in different areas of the medical record, miscommunication during the changing of shifts, or confusion between patients with similar sounding names.

Effective communication in healthcare can be further complicated by hierarchical structures. Operating rooms often operate within strict authority gradients, where junior staff may hesitate to question senior surgeons, even when they notice potential errors. This reluctance to speak up, often referred to as “the authority gradient,” can suppress essential safety concerns at critical times.

Substandard Verification Procedures Prior to Surgery

Another major cause of wrong-site errors is the failure to properly verify surgical details before the patient is taken to the operating room. The verification process should start when the surgery is scheduled and continue at various points until the incision is made. At each verification point, the patient’s identity, the type of procedure, and the surgical site should be confirmed against the official documentation.

Issues can occur when the documentation has errors or discrepancies. Medical records may have conflicting information about which side needs surgery, especially if imaging studies were labeled incorrectly or if notes from different providers are conflicting. Verification processes can fail when done in a hurry or when treated as just paperwork instead of critical safety measures. Learn more about wrongful death lawsuits in New York related to medical errors.

While electronic health records offer numerous advantages, they also present new verification obstacles. Research indicates that the digital format can make it more difficult to spot discrepancies that might be more obvious when examining physical documents next to each other. Furthermore, if providers copy information forward without carefully reviewing it, template-based documentation can spread initial mistakes throughout the record.

Improper Marking of Surgery Sites

Correct marking of surgical sites is a vital visual protection against wrong-site errors. The Universal Protocol mandates surgeons to mark the operative site with their initials or a standardized symbol when the patient is conscious and alert. The patient should be involved in this process to verify the correct site.

Insufficient Site Labelling

Correct labelling of surgical sites is an essential visual protection against wrong-site mistakes. The Universal Protocol demands that surgeons label the surgical site with their initials or a standard symbol while the patient is conscious and alert. The patient should be involved in this process to verify the correct site.

There are several reasons why marking failures occur. Sometimes, surgeons pass on this responsibility to residents or nurses, who may not be as familiar with the procedure as the surgeon. Marks can also be covered up during pre-surgery skin preparation or fade if they were made too early. For some surgeries, such as those involving internal organs, spinal levels, or teeth, it can be challenging to mark the correct spot. It is crucial to document any injuries for a stronger case if marking failures lead to complications.

There are still surgical teams out there who resist the idea of marking, seeing it as either unnecessary or a suggestion that they could potentially make a mistake. This resistance can result in a lack of commitment to this important safety step, leading to it being done in a half-hearted or symbolic way. Proper marking is more than just a physical act, it requires a mindset that is fully committed to the life-saving potential it offers.

Operating Room Distractions and Time Pressure

Operating rooms themselves are a significant contributing factor to wrong-site errors. Surgeons are often working under extreme time constraints, with intricate schedules and consecutive cases. This time crunch can result in hurried pre-operative procedures and overlooked safety measures, especially at the end of long shifts when fatigue starts to affect cognitive abilities.

Modern operating rooms are filled with potential distractions that can affect surgical safety. These can range from equipment alarms and intercom announcements to unrelated conversations and teaching duties. Each distraction can draw attention away from the surgery and increase the likelihood of cognitive errors. Research indicates that surgeons can be interrupted as often as every 4.5 minutes during crucial procedures.

When time is of the essence and distractions abound, mistakes in judgment or perception can easily occur. Even the most seasoned surgeons can misidentify body parts or mix up left and right when they’re trying to multitask. To prevent these mental lapses from affecting patients, it’s crucial that the operating room environment encourages concentration during important safety checks.

The Personal Toll of Surgical Errors

Physical Effects on Patients

The physical consequences of wrong-site surgery go beyond the initial error. Patients who experience these errors often need more surgeries – both to fix the wrong-site surgery and to take care of the original medical problem that required surgery in the first place. This doubles their risk of anesthesia, chances of infection, and complications during recovery. For older or medically vulnerable patients, these additional surgeries can greatly increase the risk of death.

Unneeded harm to healthy tissues can result in lifelong functional impairments. A patient who has a healthy limb amputated unnecessarily is left with a permanent disability. Likewise, removing the incorrect kidney or lung leaves the patient with significantly reduced physiological reserves. Even less drastic mistakes, such as operating on the wrong part of the spine, can leave patients with ongoing pain and disability from their initial condition, in addition to new surgical trauma.

When a patient has wrong-site surgery, their path to recovery becomes uncertain. They may need to stay in the hospital longer, need more rehabilitation, and their quality of life may be permanently reduced. Even with insurance, the cost of these extra medical needs can cause financial hardship on top of the physical pain. If you’ve been hurt and need help in the NYC Area, don’t forget to “ASK4SAM” by calling 877-ASK4SAM to talk to a lawyer for free.

Mental Health and Trust Concerns

The mental health implications of wrong-site surgery can be just as disastrous as the physical effects. When patients find out a surgeon operated on the incorrect body part, they feel a deep breach of trust. This breach by healthcare professionals they trusted can cause intense mental health problems, including symptoms of post-traumatic stress disorder, depression, and anxiety that can last for years following the incident.

Many patients who have experienced wrong-site surgery develop a long-term fear of medical treatment or avoid necessary healthcare altogether. Their fear of doctors, or “white coat syndrome”, becomes worse, making any future interactions with medical professionals stressful and scary. Some patients put off important treatments because they no longer trust doctors, leading to additional health problems that make their original conditions worse. For more information on this issue, you can refer to this official source.

Not only the patient, but their families also undergo tremendous emotional distress. The trust that spouses, children, and parents had placed in the healthcare providers who were responsible for their loved one’s care, is shattered. They are often plagued by guilt for having chosen that particular surgeon or medical facility. In future medical situations, they become excessively cautious, which can strain their relationship with the healthcare teams and may even hinder the delivery of the best possible care. In some tragic cases, families may need to consider who can file a wrongful death lawsuit to seek justice and closure.

Effect on the Mental Health of Healthcare Providers

Surgeons and healthcare team members who are involved in wrong-site events often suffer from a form of trauma themselves. These professionals usually come into the field of medicine with a deep dedication to the wellbeing of their patients, and when they cause preventable harm, it can result in a serious moral injury. The psychological distress that healthcare providers who are involved in serious medical errors experience is often referred to as “second victim syndrome.”

Healthcare providers can experience depression, anxiety, sleeplessness, flashbacks, and self-doubt. Research indicates that clinicians who make severe medical mistakes have higher rates of drug abuse and suicidal thoughts. If they don’t have the right support systems, these providers may start practicing medicine defensively or quit the profession altogether, which is another blow to the healthcare system. It’s crucial to recognize signs of distress early to provide the necessary support.

The medical industry’s tradition of keeping quiet about medical errors can worsen the psychological harm suffered. The old-fashioned culture of medicine stresses perfectionism and personal responsibility, which makes it hard for healthcare providers to cope with errors in a healthy manner. Contemporary methods stress the significance of systemic contributors to errors and the need for psychological support for the clinicians involved, but the use of these methods is not consistent across all healthcare systems. In some cases, this lack of support can lead to severe consequences, such as nursing home abuse, highlighting the importance of addressing these issues.

Lawful and Monetary Consequences

Professional Negligence Lawsuits and Insurance Protection

Wrong-site surgeries usually result in professional negligence lawsuits, as these mistakes often satisfy the legal interpretation of carelessness without any doubt. Unlike many fields of medicine where complications may have several causes, wrong-site surgery is a clear departure from the standard of care. Lawsuits usually demand compensation for extra medical expenses, lost earnings, pain and suffering, and sometimes punitive damages meant to prevent future mistakes. For more information, you can refer to this official guide on medical errors.

The Price of Wrong-Site Surgery Errors for Hospitals

When a hospital makes a wrong-site surgery error, the financial consequences are more than just malpractice lawsuits. Starting in 2009, Medicare and many private insurance companies have put “never event” policies in place. These policies prevent hospitals from billing for any costs related to wrong-site surgeries. This means that hospitals have to cover all costs for longer hospital stays, follow-up surgeries, and any problems caused by the mistake. In complicated cases, these costs that the hospital has to cover can be hundreds of thousands of dollars for each event.

Potential Consequences for Surgeons Who Commit Wrong-Site Surgery

When surgeons make a wrong-site error, they can face severe disciplinary actions from their state medical boards. These penalties can range from being required to complete additional training to having their license suspended. These actions become part of the surgeon’s permanent record in the National Practitioner Data Bank, which can affect their future employment opportunities and credentialing. Some states have even implemented laws that require hospitals to report any wrong-site incidents to their licensing boards. While these laws ensure greater accountability, they may also cause surgeons to behave defensively out of fear of losing their careers.

The Universal Protocol: Your Personal Safety Net

The Universal Protocol serves as the medical field’s most thorough method to stop wrong-site surgeries from happening. Created by the Joint Commission and required in all accredited hospitals since 2004, this three-part protocol sets standard safety procedures for all invasive procedures. When these steps are correctly carried out, they form several layers of protection against site mistakes. Knowing these requirements as a patient allows you to stand up for your safety if you see any steps being missed or not done properly.

Checking and Double-Checking Before the Procedure

Before you even set foot in the operating room, the healthcare team will begin a series of checks to make sure they have the right patient, the right procedure, and the right site and side. They’ll use at least two independent sources to confirm this information, such as your medical record, test results, consent forms, or your own verbal confirmation. These checks will be repeated at several key points, including when the procedure is scheduled, when you’re admitted, any time your care is transferred between providers, before you enter the procedure room, and once more before the incision is made. Understanding who can file a wrongful death lawsuit is crucial in cases of surgical errors.

For a successful verification process, it is essential to have an active involvement instead of just checking the documents passively. The healthcare providers should ask you about the procedure you are going to have, by asking open-ended questions instead of just confirming what’s written. Some warning signs that should prompt further investigation include any inconsistencies between documents, confusion about anatomical terms, or a hurried verification process. If the verification process seems superficial or if the providers seem irritated by the questions, these are red flags indicating that safety protocols are not being followed properly.

Requirements for Marking the Surgical Site

Marking the surgical site is a crucial visual measure to prevent wrong-site mistakes. The Universal Protocol mandates that the surgeon performing the operation must mark the site with a clear symbol while you are conscious and alert. This marking should take place before any sedating drugs are given to guarantee your meaningful involvement in verifying the correct site. The mark must stay visible after the surgical preparation and draping. In some cases, nursing home abuse can also result in medical errors, highlighting the importance of proper procedures.

Site marking isn’t necessary for every procedure. For instance, when there’s only one organ involved (like a cesarean section), when the catheter insertion site isn’t pre-determined for interventional procedures, or in cases involving teeth (which have their own documentation methods), site marking isn’t required. But, for any procedure that involves distinguishing between the right and left side, multiple structures (like fingers or toes), or multiple levels (like spinal surgeries), site marking is a must. If you’re having one of these procedures and no one marks the site of your surgery, this is a major violation of protocol that needs to be addressed right away.

The Last Line of Defense: The Time-Out

The time-out is your final safety net against wrong-site surgery. Right before the surgery starts, the surgical team has to stop everything and verbally confirm your identity, the procedure, the marked site, the correct position, the availability of the right implants or special equipment, the correct display of relevant imaging, and the administration of antibiotics if necessary. Everyone on the team must actively participate in this confirmation, and any discrepancies must be resolved before moving forward. If you are still conscious during this process, you may be asked to participate in this final check.

Understanding Your Patient Rights

Knowing your rights as a patient undergoing surgery is a crucial step in protecting yourself from wrong-site errors. These rights are given to you by a combination of laws, regulations, and professional standards, and they give you the power to be an active participant in your care, instead of just passively accepting what happens. Even if it feels awkward to exercise these rights, keep in mind that good surgeons appreciate patients who are informed and participate in safety procedures, rather than seeing their questions as challenges to their authority.

Your Right to Know: Informed Consent

Informed consent is your basic right to understand and approve any procedure that is performed on your body. This is not just about signing a form, but it involves a detailed discussion with your surgeon about the specific procedure, including exactly what will be done and where. This discussion should take place well in advance of the day of surgery, giving you the opportunity to digest the information and ask questions without feeling rushed. To ensure a stronger case, it is important to document all aspects of your medical journey thoroughly.

The consent form you sign should clearly state the specific procedure, the exact location or side, and any possible changes that may be needed during surgery. Broad statements such as “knee surgery” without specifying which knee do not meet today’s standards for informed consent. You have every right to change consent forms to match the specific agreement you have with your surgeon, instead of accepting general language that may cause confusion.

Ensuring Your Participation in Site Marking

It’s important that you play an active role in the site marking process to avoid any mistakes. You have the right to be completely conscious and aware during marking, to ask any questions about the process, and to confirm that the mark is correct based on your understanding of the planned procedure. This isn’t just a formality – it’s a standardized safety measure in accredited facilities.

The marking should be done while you’re present and participating, not after you’ve been sedated or when you’re distracted. If you’re physically able, you can ask to mark the site yourself with the surgeon’s guidance, or to put your own initials next to the surgeon’s mark for added confirmation. For procedures involving non-visible anatomy, like spinal surgeries, you should be involved in discussions about how the correct level will be identified during the procedure.

Right to Request a Time-Out

• You have the right to request that the surgical team conduct a formal time-out in your presence before anesthesia is administered
• You may ask that specific concerns or details be verbalized during the time-out
• You can request documentation that a proper time-out was conducted
• You have the right to halt proceedings if you notice confusion or discrepancies during the time-out

While time-outs traditionally occur after anesthesia, you have the right to request a preliminary time-out while you’re still awake. This additional safety step allows you to hear the team’s verbal confirmation of the correct procedure and site, and to correct any misunderstandings before losing consciousness. If you’ve been injured and are needing help in the NYC Area, remember to “ASK4SAM” by just calling 877-ASK4SAM to speak with an attorney at no cost.

While hospital rules about whether patients can be present during time-outs can differ, the Joint Commission’s standards stress the importance of including patients in safety procedures whenever it’s feasible. If you ask to be present during the time-out or to watch it and you meet resistance, you can refer to these standards and clarify that your presence adds another layer of safety rather than questioning the team’s abilities.

Keeping a record of the correct completion of a time-out is a crucial way of showing that safety standards have been met. You can ask for your medical record to clearly show that a time-out took place, who was involved, and what was checked. This record helps to make sure people are held responsible and can be useful if there are later questions about whether the right procedures were carried out.

You Have the Right to Question Your Healthcare Team

As a patient, you have the right to ask questions and receive respectful, complete answers. You should feel comfortable questioning any aspect of your care that seems unclear or concerning, including details about surgical site verification. Healthcare facilities should create a culture that welcomes patient questions as important contributions to safety instead of seeing them as interruptions or challenges.

It’s your right to address any concerns about site verification directly with the surgeon who will be operating on you, not just with residents or nurses. While every member of the team has a role to play in ensuring safety, it’s ultimately the surgeon who will be operating on you who bears the final responsibility. If you feel that the site verification isn’t thorough enough or if you see inconsistencies in how your procedure is described, you have the right to ask the surgeon to clarify before you go any further.

Most importantly, you have the right to stop everything if your safety concerns aren’t being addressed adequately. While this is a serious step, remember that no surgery is so urgent that it can’t be paused briefly to resolve confusion about the correct site. Legitimate emergencies where seconds count are very rare, and even in emergency situations, it’s still important to perform the correct procedure.

How to Safeguard Yourself Prior to Surgery

Being proactive about your surgical safety is your best safeguard against wrong-site mistakes. While the onus is on healthcare facilities to put safety protocols in place, informed patients who are aware of these processes can offer an essential extra level of protection. Taking basic steps before your procedure can greatly lessen your risk of being a victim of a wrong-site incident, without causing friction with your healthcare team.

5 Questions to Ask Your Surgeon

Before agreeing to any surgical procedure, it’s important to ask your surgeon specific questions about site verification protocols. Begin by asking: “What steps will you take to ensure you’re operating on the correct site?” This open-ended question gives your surgeon the opportunity to explain their verification process, which can help you understand how seriously they take this safety issue. Their response should include multiple verification steps, site marking procedures, and team communication protocols, rather than just telling you that mistakes don’t happen.

Further important questions to ask include: “Who will be marking the site of my surgery and when will this take place?”, “What procedures are in place for the whole team to confirm the correct site before the surgery begins?”, “What happens if there is conflicting information on the imaging or documentation?”, and “How can I be involved in the process of verifying the site?” The way a surgeon responds to these questions can often give you a good idea of how seriously they take safety. If they avoid answering the questions or brush them off, this might suggest they have a concerning attitude towards safety protocols and you might want to think about looking for a different provider. Additionally, understanding how to document your injuries can be crucial if you need to address any medical errors.

Having a Support Person at Pre-Surgery Meetings

Bringing a trusted friend or family member to pre-surgery appointments can be very helpful. The stress and worry of medical appointments can make it hard to take in information and make decisions. A support person who isn’t feeling this stress can listen carefully, take notes, ask for more information, and help you think through the information more clearly. They can catch details that you might miss and help you remember to ask important questions.

Bring along your advocate to your first surgical consultation and pre-operative appointments. Before you go, tell them about any concerns you have, especially about site verification. Ask them to pay attention to how much the doctors talk about site verification, whether they always specify right/left, and whether there are any discrepancies or contradictions in how they talk about the surgery. They might notice things that you miss because you’re concentrating on the medical details.

On your surgery day, your advocate is your mouthpiece when you can’t speak for yourself. They should ensure that the surgical site is marked correctly while you’re conscious and confirm that the surgical site matches what you understand. In many facilities, advocates can ask to be present during the pre-anesthesia verification process, offering another chance to catch possible mistakes before you’re unconscious.

If you are in the NYC Area and have been injured, don’t forget to “ASK4SAM”. You can reach out to a lawyer for free by simply dialing 877-ASK4SAM.

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How to Ensure Surgical Safety

• At every appointment, make sure the procedure name, site, and side are confirmed
• Double-check all documentation to make sure it identifies the correct site consistently
• Make sure the patient is involved in the site marking
• If the facility policy allows it, ask to witness the surgical time-out
• Keep track of who performs each safety step and when
• Know who to reach out to if there are any safety concerns

Ensuring Site Marking is Done Correctly

One of the best ways to prevent wrong-site surgery is to make sure the site is marked correctly. The mark should be made by the surgeon who will be performing the surgery (not a resident or a nurse) while you’re fully awake and aware. The mark should be made directly on the surgical site using permanent ink and a unique symbol (usually the surgeon’s initials or “YES”). The mark should still be visible after the surgical preparation and draping. If the marking seems rushed, if inappropriate materials like sticky notes or removable markers are used, or if the marking is done after sedation has started, these are serious deviations from the protocol and need to be addressed immediately.

When to Voice Concerns if Something Doesn’t Seem Right

It can be difficult to express your worries in the daunting environment before surgery, but it’s absolutely your right to voice any safety concerns. If you notice any discrepancies in the way your surgery is explained, any confusion about which side needs operating on, or any departure from the correct site verification procedures, don’t hesitate to express your concerns. Start with a non-accusatory phrase such as “I’m a bit confused about…” or “I just want to make sure we’re all clear about…” to avoid causing any defensiveness.

Keep in mind that responsible healthcare providers appreciate questions and clarification, rather than being annoyed by them. If your questions or concerns are brushed off without a thorough explanation or if you’re made to feel like you’re causing trouble, this is a warning sign. You have the right to stop everything until your safety concerns are addressed, even if that means asking to speak with a supervisor or a patient advocate. It may feel awkward to be assertive, but it’s much better than the potential outcomes of a wrong-site surgery error.

Creating a More Secure Surgical Environment

Healthcare providers are consistently striving to eradicate wrong-site surgeries by enhancing their safety procedures. Cutting-edge technologies are now being used to support human verification processes, such as electronic confirmation systems that necessitate multiple independent confirmations before a procedure can commence. Some facilities have introduced barcode scanning, similar to the systems used for boarding airplanes, where the surgical site must be electronically matched with the procedure orders before an incision can be made. These technological safety measures offer extra levels of protection, while still not replacing the essential human communication.

Improving surgical safety is a new frontier in patient engagement. Rather than viewing patients as passive recipients of care, forward-thinking healthcare organizations now see them as crucial partners in preventing errors. Advocates for patient safety have called for increased transparency about surgical errors, including requirements for public reporting and open discussions of near misses. By shining a light on these events, healthcare systems can learn from their mistakes and implement more effective preventions. If you’ve been injured and need help in the NYC Area, remember to “ASK4SAM” by calling 877-ASK4SAM to speak with an attorney at no cost.

Common Questions

If you’re about to have surgery, you might be worried about wrong-site errors and want to know how to keep yourself safe. The questions below will help you understand how often these errors happen, what your legal options are if they do happen, what your rights are as a patient, and what factors increase the risk of these errors. Knowing these things can help you feel more secure when you’re having surgery and help you know what to do if something does go wrong, even if you and your healthcare team have done everything you can to prevent errors.

What is the frequency of wrong-site surgeries in the United States?

According to estimates from the Joint Commission, wrong-site surgeries happen about 40 times a week in U.S. hospitals. This means that they occur in about 1 out of every 112,000 surgical procedures, although many experts think that these surgeries are significantly underreported. Some specialties have higher rates, with orthopedic surgery making up about 41% of all cases. Even though these numbers may seem statistically small, the impact is devastating when they happen. Because reporting requirements differ from state to state and many near misses are not documented, it is hard to know exactly how often these surgeries happen.

What steps should I take if I suspect I have been a victim of wrong-site surgery?

“The instant you think you may have been a victim of a wrong-site surgical error, it is critical to start documenting everything. Request copies of all your medical records immediately, as these records could be key in proving what happened and who is at fault. Time is of the essence in these situations, both for medical and legal reasons.”

Firstly, it is important to get immediate medical help to deal with any complications and figure out what needs to be done to correct the mistake. Ask the surgical team to explain in detail what happened and how they plan to fix it. Make sure that all discussions about the mistake are recorded in your medical history, including any admissions about what went wrong and what the plans for correction are.

Also make sure to document everything on your own. Keep a diary of all talks you have with healthcare providers about the mistake, including the dates, times, who was there, and what was talked about. If you can, take pictures of the surgical site. These records that you make at the same time can be very helpful if people later disagree about what happened.

If you’ve been the victim of a surgical error, it’s important to seek the advice of a medical malpractice attorney who has experience with these types of cases. Most offer free initial consultations to evaluate your case. The attorney can help secure appropriate compensation for additional medical costs, lost income, pain and suffering, and other damages resulting from the error. If you’ve been injured and are needing help in the NYC Area, remember to “ASK4SAM” by just calling 877-ASK4SAM to speak with an attorney at no cost.

Am I allowed to say no to surgery if I see that proper procedures aren’t being followed?

You have the full right to say no or delay any procedure if safety procedures aren’t being followed correctly. This includes times when site marking hasn’t happened, verification seems to be not enough, or you see differences in how your procedure is being explained. While healthcare providers may show annoyance about schedule changes, no good provider should push you to go ahead with surgery when the right safety steps haven’t been finished. Keep in mind that delaying surgery for a short time to make sure of safety is much better than going ahead with a procedure that may be done wrong.

Do some surgeries have a higher risk of wrong-site errors than others?

Yes, some types of surgeries and procedures are more likely to result in wrong-site errors. Orthopedic surgeries are among the riskiest, especially those that involve symmetrical structures like knees, eyes, or limbs, where it’s easy to mix up the right and left sides. Spinal surgeries also pose unique risks because it can be difficult to identify the correct vertebra. In fact, studies have found that without proper imaging verification, up to 15% of spinal surgeries may involve the wrong vertebra. Dental procedures are another high-risk area, especially when several similar teeth need to be treated.

There are also procedural factors that can increase the risk of wrong-site surgery. For example, emergency surgeries tend to have higher wrong-site rates because of the time pressure and the disruption of the verification process. Cases that involve multiple procedures during a single anesthetic episode also show an increased risk, as do procedures where the patient has to be repositioned during the surgery. By being aware of these risk factors, you can be more vigilant when your procedure falls into one of these higher-risk categories.

Will my insurance pay for any necessary procedures following a wrong-site surgery?

Medicare and the majority of private insurance companies have put “never event” policies in place that prevent facilities from charging patients or insurance companies for costs that are a direct result of wrong-site surgeries. This includes procedures to correct the error, longer hospital stays, and treatment for complications directly caused by the mistake. However, the way these policies are put into place can vary, and there can be disagreements about which costs were a direct result of the error and which would have happened regardless. In reality, patients may still have some financial responsibility despite these protections, especially for indirect costs like lost wages or travel to extra appointments.

• Neither Medicare nor Medicaid will pay for any wrong-site surgeries
• The majority of private insurers also have policies that do not cover “never event” surgeries
• It is illegal for facilities to bill patients directly for these costs
• There can be disagreements over which costs were directly caused by the mistake
• Indirect costs, such as lost income, are usually not covered by these policies

For those without insurance, the costs associated with fixing wrong-site errors are typically covered by the hospital’s charity care policies, although these policies can vary from one facility to another. Most hospitals understand that they have both a moral and a legal duty to fix surgical errors without charging the patient extra. If you are billed for any corrective procedures, you should immediately dispute these charges with the facility’s patient billing department and, if necessary, with your state’s insurance commissioner or healthcare oversight agency.

Healing from wrong-site surgery typically calls for extensive rehab and ongoing care that goes beyond the immediate corrective surgery. Insurance coverage for these extended services can be a bit murky, with some insurance companies trying to limit physical therapy sessions or other supportive care. In these instances, having your doctor clearly document the link between these needs and the surgical mistake can help you get the coverage you need.

Knowing what your insurance policy covers before going into surgery can be a crucial safety net. Look over the specific wording in your policy about medical mistakes and “never events“. Some policies have clear rules about what they cover when it comes to complications from medical mistakes, including wrong-site surgery. This information can be a lifesaver if you end up in a dispute about coverage after a mistake has been made.

If your insurance coverage isn’t enough to cover your recovery needs, you may need to take legal action. The compensation you get through a settlement or litigation usually covers all medical expenses related to fixing the mistake and dealing with its aftermath, no matter what your insurance limitations are. These settlements often include provisions for future medical needs related to the mistake, so you can be sure you’re covered for your entire recovery journey.