Q: Who is typically held liable for wrong patient surgery?

In most cases of wrong patient surgery the liability for medical malpractice falls on the surgeon. However, doctor liability is not always the only case, as there can be several other medical professionals involved in wrong patient surgery incidents.

Doctor liability is most common, as it is ultimately the surgeon who initiates the surgical procedure on the wrong patient. Before the first incision is made the surgeon should verify that they are operating on the correct patient one last time. Failure to do so can result in wrong patient surgery and cases of liability for medical malpractice.

There are other parties that can be held negligent in liability for medical malpractice. The other members of the surgical team such as nurses are also often liable, especially the team member in charge of patient information verification. Surgical protocol calls for numerous checks for patient identity, surgical site verification, procedure confirmation and other safety measures. Anyone negligent in their protocol can be guilty of liability for medical malpractice.

The pre-operative care team is often the originating source of a wrong patient surgery claim. They are the first members of the hospital staff to begin the operation procedures, and it is here where medical charts get mixed up, communication errors are made, and other types of negligence allow you to become the victim of liability for medical malpractice.

Whether it is doctor liability, nursing errors, or miscommunication between surgical team members, anyone involved in your surgical procedure can be held responsible for liability for medical malpractice. You may need to consult with a medical malpractice attorney to best determine who to file a medical malpractice claim against for a wrong patient surgery error.

Contacting a medical malpractice Attorney

When you have suffered a serious injury or lost a loved one due to a medical professional’s negligence you do not have to suffer alone. An experienced medical malpractice attorney can help you file a medical malpractice claim against a doctor, nurse, pharmacy, hospital, or any other type of medical professional or facility.

At Gacovino Lake & Associates we have formed a dedicated network of personal injury lawyers to serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability, and Workers’ Compensation claims. Get experienced help with filing your medical malpractice claim, contact us today – 1-800-246-4878.

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