Wrong Site Surgical Negligence Claims.

Wrong site surgery is a serious and preventable form of surgical error where a procedure is performed on the incorrect part of the body, on the wrong patient, or involves the wrong procedure altogether.

This type of error is considered a form of surgical negligence and is classified as a “never event” because it is entirely preventable with proper protocols and should never happen in a healthcare setting. Wrong site surgery can lead to severe physical, psychological, and emotional consequences for patients, significantly impacting their quality of life and overall health.

Common instances of wrong-site surgery include operating on the wrong limb, conducting surgery on the incorrect side of the body (such as operating on the left side instead of the right), or performing an entirely wrong or unnecessary procedure on a patient.

The NHS defines a “never event” as a serious, largely preventable incident that should not occur if the available preventative measures have been implemented and followed  which has caused .

These events are considered to be of such gravity that they are deemed unacceptable in healthcare settings. The NHS outlines specific criteria for what constitutes a never event, including:

• Wrong Site Surgery: Performing a procedure on the wrong site of the body, such as the wrong limb, organ, or side and wrong level spinal surgery
• Retained Foreign Object: Leaving a foreign object, such as a surgical sponge or instrument, inside a patient after surgery.
• Wrong Patient: Conducting a procedure on the wrong patient due to misidentification.
• Misplaced Catheter: Placing a central catheter or another invasive device in the wrong location, leading to serious complications.
• Inaccurate Administration of Medication: Administering the wrong medication or dosage, or providing medication to the wrong patient.
• Falls: Patient falls from a height that should have been prevented with proper risk assessments and precautions in place.

Never events are reported and investigated to prevent their recurrence and improve patient safety standards across the NHS.

Wrong-site surgery can arise from multiple factors. Poor communication between surgical teams, incomplete or incorrect patient records, and the lack of proper verification protocols are major contributors.

Another significant cause is the failure to adhere to established surgical procedures, such as the World Health Organization’s Surgical Safety Checklist, which outlines essential steps to verify the correct site, procedure, and patient before surgery.

Additionally, preoperative errors, including mistakes in marking the surgical site and failure to thoroughly review medical records, can lead to these errors. Inadequate training, insufficient supervision, and the pressure or fatigue experienced by medical staff are also common underlying causes of wrong-site surgery.

The impact of wrong site surgery on patients can be profound and far-reaching. Physically, it may result in permanent damage or disability, requiring corrective surgeries or prolonged medical treatment.

Psychologically, the trauma can lead to significant anxiety, depression, and a loss of trust in healthcare providers. The repercussions of such surgical errors extend beyond physical injuries, affecting a patient’s overall quality of life and mental well-being, both in the short and long term.

In cases where a patient’s reproductive organs have been operated on mistakenly, for example the removal of the ovaries or fallopian tubes, the patient may become infertile, which can have a profound and lasting effect on their mental health, and may even impact their relationships.

Wrong-site surgery involves performing a procedure on the wrong part of the body, the wrong side, the wrong organ, or even the wrong patient. Examples include:

• Operating on the wrong limb
• Performing surgery on the incorrect side of paired organs
• Conducting spinal surgery at the wrong level
• Removing the wrong organ
• Surgery performed on healthy arteries, blood vessels, or nerves
• Removing the wrong tooth under general anaesthetic
• Performing a procedure on the wrong patient due to misidentification

These errors are considered “never events” because they are preventable and can lead to serious physical harm, emotional distress, additional surgeries, or even death.

Surgery inherently carries risks, and patients trust in the clinical expertise of their surgical team to minimise these risks. However, even minor errors can have severe health consequences, especially in cases of wrong site surgery. Injuries resulting from such errors can include the removal of a healthy organ, exacerbation of an existing condition if the affected organ is not removed, unnecessary scarring due to surgery performed on the wrong part of the body, and exacerbation of existing musculoskeletal symptoms due to surgery at an incorrect site.

In more extreme cases, a healthy body part might be mistakenly amputated. If these injuries occur due to medical negligence, you may be entitled to pursue compensation through wrong site surgical negligence claims.

Yes, wrong site surgery is entirely preventable. Here are some of the ways in which it can be avoided: 

• Adherence to safety protocols, such as the WHO Surgical Safety Checklist  
• Preoperative site marking to clearly mark the surgical site and confirm with the patient 
• Communication and verification amongst medical professionals to discuss and confirm patient details, surgical site, and planned procedure
• Patient involvement to confirm their procedure and site with the surgical team to address any discrepancies before surgery
• Use of checklists to systematically review and confirm important details before, during, and after surgery
• Ongoing training and education for surgical teams to update knowledge and skills related to surgical protocols and safety
• Adherence to national and international standards and guidelines for surgical safety
• Improved record keeping to maintain accurate and thorough medical records, surgical plans, and site markings to prevent confusion and errors.

To pursue a claim for wrong site surgery, patients need to establish that the healthcare provider was negligent, meaning they failed to provide the expected standard of care, and this failure directly caused the surgical error. It is important for patients to collect robust evidence, such as medical records, expert opinions, and witness statements, to support their claim.

Legal deadlines, usually within three years from the date of the incident or when the patient became aware of the error, must also be met. Seeking advice from a solicitor experienced in medical negligence claims is crucial, as they can guide patients through the complex legal process. Our expert medical negligence team has handled many cases of this nature, so you can be assured your case is in the right hands.

Our specialist medical negligence solicitors will guide you every step of the way, explaining exactly what is happening in a clear and concise way without unnecessary legal jargon.