When you enter an operating room, you place a high level of trust in the surgical team. However, after the surgery, you learn that the surgeon operated on the wrong limb or organ. In the medical world, this case counts as a never event, which is an egregious error that should simply never occur if basic safety protocols are followed.
Understanding why never events occur is key to holding the surgical team liable for their errors.
Why wrong-site surgeries occur
You might wonder how a highly trained team could operate on the wrong body part. Unfortunately, the cause is often a chain of systemic failures, which include:
- Severe fatigue: A surgeon’s fatigue increases the likelihood of human error.
- Communication failures: A surgical team’s inadequate or rushed communication leads to misinformation and misunderstanding.
- Procedural issues: A surgical team’s lack of procedures results in skipping the mandatory pause to verify the patient’s identity and surgical site.
These preventable shortcomings are inexcusable, which may give you the right to file a claim against the facility.
What Illinois law says about this issue
In Illinois, the law recognizes that wrong-site surgeries fall far below the acceptable standard of care. While this can be grounds for a medical malpractice claim, the courts require an affidavit from a health care professional confirming your claim has merit. However, the certifying expert must be knowledgeable in the relevant issues and have practiced or taught in the same area of medicine as the defendant within the last six years.
Failure to file the affidavit can lead to dismissal. If you can prove that good cause exists for the delay, state law may allow for a 90-day extension to fix the error and refile.
Holding the at-fault party accountable
Learning that a surgical mistake caused your worsened condition can be agonizing. Under Illinois law, you can recover compensation by filing a malpractice claim against the surgeon. However, this process involves complex legal hurdles that require precision. Seeking legal counsel can help you learn more about lawsuits against medical professionals.