Surgery on the wrong part of the body is one of the most egregious medical errors that can occur. Thus, if a doctor operates on the incorrect body part, the person injured may be able to pursue multiple claims against the doctor, including medical malpractice, lack of informed consent, and battery. In a recent New York opinion, a court explained what a patient must prove to establish liability under each of these claims in a case in which the defendant performed surgery on the wrong site on the plaintiff. If you underwent a surgical procedure that was not properly performed, it is in your best interest to speak to a Rochester surgical malpractice attorney to assess your potential claims.
The Plaintiff’s Surgery
It is reported that the plaintiff was scheduled to undergo surgery to remove an abscess on her left leg. The defendant performed the procedure but removed a cyst from the Plaintiff’s Bartholin gland, rather than an abscess from her leg. The plaintiff, who suffered psychological and physical harm because of the improperly performed surgery, filed a lawsuit against the defendant alleging claims of medical malpractice, battery, and lack of informed consent. The defendant moved for summary judgment, and the trial court granted his motion. The plaintiff then appealed, and on appeal, the trial court ruling was reversed.
Claims Arising out of a Procedure Performed on the Wrong Part
On appeal, the court noted that the defendant’s motion included the deposition transcript of the plaintiff wherein she described that the defendant advised her he was going to remove an abscess from her leg but instead operated on her Bartholin gland. Therefore, per the defendant’s own submission, she failed to demonstrate that there were no factual disputes on material issues in the matter as to whether she operated on the wrong area and whether the error caused the plaintiff’s harm, as required to obtain a summary judgment under New York law. Continue reading