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Denver Wrong Site Surgery Malpractice Lawyers

Advocating for Victims of Surgical Malpractice

Unbelievable as it may seem, it is not uncommon for doctors to perform surgery on the wrong body part. Wrong-site surgery is rightly termed a “never event” – a particularly shocking medical error that should never occur. A surgeon may perform a procedure on the wrong side of the body, for example, the left eye when it should have been the right eye. Surgery may be performed on the right side but the wrong body part, for example, the correct hand but the wrong finger. Wrong site surgery can also be performed at the wrong level, for example, by removing the wrong section of the colon or performing a spinal procedure on the wrong vertebrae.

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How Does Medical Negligence Contribute to Wrong Site Surgery?

As there are protocols in place to prevent wrong site surgery, when it occurs, medical negligence is probably involved. Factors that may contribute to this serious medical error include:

  • Failure to clearly mark the operating site
  • Time pressure on surgeons (larger volume lists or unplanned emergencies)
  • More than one surgeon involved in the procedure
  • Lack of a checklist to ensure every check has been performed before beginning surgery
  • Failure of surgeon to recheck patient details before beginning the operation
  • Failure to bring patient notes or investigations to the operating theater
  • Failure to remove notes for the previous patient from operating theater to avoid confusion
  • Failure to involve all operating room staff in identification
  • Failure to include the patient (or the patient’s family) in the process of identifying the correct site

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How Often Does Wrong Site Surgery Malpractice Occur?

Although underreporting can make it difficult to determine how often these medical errors occur, medical malpractice claims provide a source of data. Data from the American Academy of Orthopedic Surgeons suggests that 84% of wrong site orthopedic surgery claims are paid in the U.S., as stated in a study published by the National Institutes of Health (NIH). The Physician Insurers Association of America reports closing 331 wrong site surgery claims in a two-year period. Most wrong site surgery claims are in orthopedics, followed by general surgery, neurosurgery, and dental surgery.

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How Do You Recover Compensation for Wrong Site Surgery Malpractice?

To recover compensation for medical malpractice, including wrong site surgery, you will need to file a medical malpractice lawsuit. Your best chance of prevailing in such a claim is to have an experienced medical malpractice attorney representing you. Medical malpractice claims are complicated cases involving multiple potentially liable parties and complex legal and medical issues. Your claim may be settled out of court, or it may go to trial.

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What Damages Can You Claim for Wrong Site Surgery?

Our Denver-based national medical malpractice lawyers can thoroughly investigate the incident to determine medical negligence and liability and secure evidence to support your claim. We can assess the full extent of your damages, negotiate skillfully with the other side on your behalf, and fight for the compensation you deserve in trial, if necessary. Damages you may be entitled to claim may include past and future medical expenses, lost wages, and physical and mental pain and suffering.

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Why Choose Us?

Leventhal Puga Braley P.C. is recognized as one of the best law firms in the U.S. and the top law firm in Colorado for medical malpractice and personal injury. Our attorneys take pride in their work, always maintaining the highest ethical standards. We provide legal representation at the highest level to achieve excellent results. If you or your loved one has been injured through surgical error or other medical malpractice, call us at (303) 759-9945 or toll-free at (877) 433-3906. There is no charge for the initial consultation.

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