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Wrong-Site Surgery: Getting it Right

More than 200 claims over the last 10 years have been filed against Illinois physicians,
clinics and corporations for wrong-site surgery. Fortunately, steps can be taken to eliminate this risk - and the potential for costly lawsuits against your practice.

Nationwide, two percent of all liability claims against physicians are for wrong-site surgery.

Claims alleging wrong-site surgery can arise when a procedure is:

  • Performed on the wrong patient or body part.
  • Not indicated.
  • Contraindicated.
  • Performed when a more appropriate alternative is available.

Most of these instances can be avoided by following clearly documented and communicated prevention protocols.

A Precise Plan

Hospitals across the country have taken up the cause to eliminate wrong-site surgery. Some have developed policies for lines of authority, stating that it's the surgeon's responsibility to verify and validate the operative site for all surgical procedures, and that the perioperative nurse must verify and validate the operative site with the surgeon preoperatively. Policies also state that no operation may begin without the surgeon's approval of the surgical site.
Other guidelines stress the importance of:

  • Ongoing verification and documentation of the correct patient, procedure and site, from the time of diagnosis in the physician's office to the time of surgery.
  • Re-checking the operative site with the patient before entering the operating room. The procedure, schedule and informed consent also must be reviewed.
  • Precise marking of the operative site by the surgeon. The surgeon should use a permanent marker, and the patient should witness the marking.
  • Conducting final verification before the procedure begins, with the entire surgical team in agreement of the procedure to be done, the patient's identity, and the correct side and site.

The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) is developing a protocol for wrong-site surgery prevention, too, in response to the problem.

If your clinic and hospital haven't adopted detailed guidelines to prevent wrong-site surgery, bring the cause to their attention now. It may prevent time in the courtroom later.