A wrong site surgery claim may arise where an operation is carried out on the wrong part of the body, the wrong side, or where the wrong procedure is performed.
These are considered largely preventable patient-safety incidents.
Coleman Legal LLP can investigate how the surgical checks failed and advise on the harm and financial loss that followed.
What wrong site surgery covers
Wrong site surgery can involve an operation on the wrong side of the body, the wrong limb, finger, toe, organ or spinal level.
It can also involve the wrong surgical procedure being performed or, in exceptional circumstances, surgery being carried out on the wrong patient.
Irish and international surgical-safety systems are designed specifically to prevent these errors.
The HSE National Policy and Procedure for Safe Surgery incorporates checks before anaesthesia, before incision and before the patient leaves theatre.
These include confirming the patient’s identity, the intended operation and the correct surgical site.
Site marking is particularly important where there is a left or right distinction or where several similar structures or levels could be involved.
How wrong site surgery can happen
Wrong site surgery is usually not the result of one isolated mistake.
Communication failures, incorrect documentation, incorrect imaging, scheduling errors, failures in patient identification or breakdowns in the theatre checklist can all contribute.
The World Health Organization recommends that the surgical team actively confirm the correct patient, procedure and site before an incision is made.
Where appropriate, the patient should also be involved in confirming the intended operation before surgery.
An HSE review of finalised clinical claims from 2016 to 2020 identified 25 claims involving the wrong body part, side or site, the wrong patient, or the wrong treatment or procedure.
Establishing a wrong site surgery claim
Where surgery has been performed on the wrong site, the investigation usually focuses on how the error occurred and what consequences it caused.
The fact that an error occurred does not remove the need to establish the legal elements of a medical negligence claim.
The evidence must show that the care fell below the appropriate standard and that the failure caused injury or additional loss.
Important records may include the consent form, pre-operative assessment, site-marking documentation, theatre checklist, operation note, imaging and nursing records.
If the hospital conducted an internal patient-safety review, information arising from that process may also be relevant, subject to the rules governing access and disclosure.
An independent medical expert can then assess the effect of the unnecessary procedure and any further treatment required.
The consequences for the patient
The impact can vary considerably depending on the operation involved.
A patient may undergo an unnecessary incision or procedure while the medical problem that required treatment remains untreated. This can mean a second operation, another anaesthetic, additional pain and a longer recovery.
More serious cases may involve permanent tissue damage, removal of healthy tissue, damage to an organ or significant loss of function.
There may also be psychological consequences arising from discovering that an operation was performed incorrectly.
Time limits
In Ireland, a medical negligence claim is generally subject to a two-year limitation period from the date the cause of action accrued or the injured person’s date of knowledge, whichever is later.
Date of knowledge concerns when the person knew, or could reasonably have been expected to know, the important facts linking their injury with the treatment received.
Where the injured patient is a child, different limitation rules apply because a child is treated as being under a legal disability until adulthood.
Medical negligence claims arising from surgical treatment are not assessed by the Injuries Resolution Board and are pursued through the courts.
