Wrong Procedure Surgery Lawsuit

When a surgeon performs the wrong procedure on a patient, that patient has malpractice claims against the surgeon, any other medical professional involved and the hospital. In prosecuting these cases, lawyers rely on a number of legal theories of recovery including medical negligence, lack of informed consent and battery. Damages are recoverable for pain, suffering, emotional distress, disfigurement, loss of earnings (and of earning capacity) and medical expenses. In appropriate cases, punitive damages are sought as well.

General surgery and orthopedic surgery are usually involved with these cases, but other surgical areas can also be involved, including neurosurgery, podiatric, dental, ob/gyn, cardiovascular (heart), thoracic (lung and other organs), ophthalmology, otolaryngology, anesthesiology and radiology.

The patients that are victims of a wrong procedure will need the correct procedure done and may need additional surgery to repair any damage done as a result of the first incorrect procedure.

Procedures that may be involved in these cases:

Biopsy, for example, a lung biopsy instead of a liver biopsy
Knee arthroscopy and meniscectomy, chondroplasty, anterior cruciate ligament reconstruction
Knee replacement
Shoulder arthroscopy and decompression, distal clavicle excision, debridement
Carpal tunnel release
Repair of femoral neck fracture
Repair of trochanteric fracture
Debridement of skin/muscle/bone/fracture
Hip replacement
Repair of rotator cuff tendon
Laminectomy
Lumbar spinal fusion
Low back intervertebral disc surgery
Incise finger tendon sheath
Cataract surgery
Glaucoma surgery
Refractive surgery
Corneal surgery
Vitreo-retinal surgery
Oculoplastic surgery

Attorneys Fred Pritzker and Elliot Olsen are lead attorneys for our medical malpractice cases. Attorney Fred Pritzker is listed in the current edition of The Best Lawyers in America.

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Hospital Malpractice Lawsuits

Hospital malpractice includes any type of medical negligence that occurs in a hospital setting, including errors by doctors, nurses, technicians and other hospital staff.

Neurosurgery Errors

Surgical errors are common and can lead to serious injury or death. In an article in the medical journal Neurosurgery that reported on a study of 1108 elective neurosurgical procedures, a neurosurgeon recorded 2684 errors in 87.1% of the cases. 22.6% of the errors were considered major. 78.5% of the errors were deemed preventable.

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