Wrong-Site Surgery Error Lawyers in Maine

Few medical mistakes are as devastating or preventable as wrong-site surgery. Whether it involves operating on the wrong part of the body, the wrong side, or even the wrong organ, these errors leave lasting physical and emotional scars. Patients and their families often experience shock, confusion, and a profound sense of betrayal.

At Berman & Simmons, we stand with Mainers harmed by surgical negligence. If you or a loved one has suffered due to wrong-site surgery, we can fight relentlessly to hold hospitals and providers accountable and tenaciously pursue the full compensation and justice you deserve.

Contact us online or call (207) 417-4199 for a free consultation with a Maine attorney for wrong-site surgery errors. We offer virtual appointments and are available 24/7.

Understanding Wrong-Site Surgery Errors

Wrong-site surgery is a surgical error where a procedure is performed:

• On the wrong side of the body (such as operating on the left knee instead of the right knee)
• On the wrong body part (such as removing the bladder instead of the uterus during a hysterectomy)
• On the wrong level of the spine (such as operating on the L4 vertebrae instead of the L5 vertebrae)
• Mixing up two patients (such as performing one patient’s knee replacement on the patient who was actually there for a hip replacement, and vice versa). 
• Performing the wrong procedure altogether

The Joint Commission, which accredits and certifies health care organizations across the U.S., identifies wrong-site surgery as a “never event,” a medical error so serious and preventable it should never occur under any circumstances. 

Still, these devastating events continue to happen. Per the Commission, wrong-site surgeries occur up to 40 times weekly in U.S. hospitals and surgical centers.

The Consequences Can Be Debilitating

If you or a loved one has suffered a wrong-site surgery error, you know that the physical and psychological effects can be catastrophic.

These can include:

• Permanent disability from damage to healthy tissue or organs
• Loss of function in limbs or vital systems
• Additional surgeries, some of which may carry greater risks than the original
• Infection, scarring, and prolonged hospitalization
• Severe emotional trauma, including depression, anxiety, and PTSD
• Loss of trust in the medical system
• Death, in the most tragic cases

If you are a family member, you may also suffer from watching a loved one endure preventable suffering, loss of income, and the overwhelming stress of navigating the aftermath.

What Causes These Tragic Surgical Errors?

Despite checklists and protocols, wrong-site surgeries can occur due to:

• Failure to follow preoperative verification procedures
• Breakdowns in communication between surgeons, nurses, and anesthesiologists
• Inaccurate or missing documentation in medical records
• Mislabeling of surgical sites or patient files
• Pressure to rush procedures in busy hospital settings
• Lack of training or systemic safety failures
• Double-booking surgical staff 

These mistakes are not bad luck; they result from medical negligence. Multiple parties may be held accountable, including:

• Surgeons and operating teams
• Hospital administrators for failing to enforce safety standards
• Nursing staff and surgical coordinators
• Medical institutions that cut corners or fail to train staff properly

Compensation in Wrong-Site Surgery Malpractice Claims

Victims of this type of medical error may be entitled to recover economic and non-economic damages in a successful legal claim. Economic damages involve tangible costs, while non-economic damages are based on intangible, but equally valid and often devastating, consequences.

Economic Damages

• Past and future medical expenses
• Rehabilitation and corrective surgeries
• Lost income and diminished earning capacity
• Travel costs for medical treatment

Non-Economic Damages 

• Pain and suffering
• Emotional trauma
• Loss of enjoyment of life
• Disfigurement or disability
• Loss of consortium (impact on family relationships)