Chicago Wrong Patient Surgery Lawyer

An experienced Chicago wrong patient surgery lawyer from Rosenfeld Injury Lawyers is ready to represent victims of surgical errors caused by medical negligence. We aggressively pursue financial compensation, holding medical professionals accountable for the injuries you’ve endured and your medical expenses.

How Often Do Wrong Patient Surgeries Occur?

Though entirely preventable, wrong-patient surgeries are among the most common surgical errors. According to patient safety studies, surgical errors—including wrong patient, wrong site surgery, and wrong procedure—occur thousands of times yearly in hospitals across the United States. 

These surgical mistakes rank among the most serious medical errors, often causing severe injuries or even fatalities. Unfortunately, such preventable errors continue despite established safety protocols meant to protect patients during surgery.

Common Causes of Wrong Patient Surgery

Operating on the wrong person is among the most serious surgical errors occurring in hospitals and healthcare facilities. Although entirely preventable, these medical errors continue to harm patients. Understanding what leads to such mistakes can help patients and families recognize when medical negligence has caused preventable harm.

Miscommunication Among Medical Staff

Clear communication among surgeons, nurses, anesthesiologists, and other medical professionals is essential to patient safety. Misunderstandings during patient transfers, shift changes, or hand-offs can result in serious surgical errors. Ensuring clarity and timely verification among surgical team members significantly reduces the risk of harmful mistakes.

Failure to Verify Patient Identity

Strict protocols require medical staff to confirm patient identity before surgery, including name, date of birth, procedure, and surgical site. Neglecting these critical checks increases the likelihood of wrong patient surgeries. Consistently performing proper identification procedures helps eliminate these entirely preventable errors and ensures patient safety.

Inadequate Pre-Operative Procedures

Hospitals utilize standardized pre-surgery checklists and mandatory “time-outs” to verify patient information, procedures, and surgical tools. Ignoring or inadequately completing these essential safety measures increases the risk of operating on the wrong patient. Adhering to thorough pre-operative protocols consistently helps prevent dangerous mistakes and protects patient well-being and safety.

Errors in Medical Records or Scheduling

Errors in medical documentation, scheduling conflicts, or mislabeling of patient records can directly contribute to performing surgery on the wrong person. Medical professionals rely heavily on accurate medical records to ensure correct surgical procedures. Regular verification and meticulous record management are essential to prevent documentation errors and safeguard patients.

Distractions or Rushed Procedures

Operating rooms can become hectic environments, increasing the risk of surgical errors. Understaffing, crowded schedules, or emergencies can cause medical staff to overlook critical patient safety steps or misinterpret patient details. Ensuring sufficient staffing and adequate time for safety checks reduces distractions and significantly minimizes the occurrence of wrong patient surgery errors.

Liability in Medical Malpractice Claims 

Identifying who is legally responsible is essential in pursuing financial compensation. Multiple parties involved in the surgical procedure can be held accountable for these preventable mistakes. Determining liability involves carefully examining the actions and responsibilities of each healthcare provider involved in your care.

Negligence in the Operating Room

Performing surgery on the wrong patient is a clear and egregious form of medical negligence. Medical professionals have a fundamental duty to verify each patient’s identity and ensure the correct surgical procedure is performed. 

Such an error indicates a significant breakdown in medical protocols and patient safety standards. These preventable errors demonstrate negligence because they occur when medical providers fail to uphold their professional duty, causing severe injuries and potentially even death.

Potential Defendants in a Wrong Patient Surgery Case

Potential defendants typically include:

• Surgeons: Responsible for verifying the patient’s identity and performing the correct surgical procedure.
• Anesthesiologists: Accountable for ensuring correct patient identification before administering anesthesia.
• Nurses and Surgical Technicians: Tasked with accurately preparing the operating room, verifying patient identity, and confirming correct surgical tools.
• Hospitals and Surgical Centers: Liable if improper policies, training, or procedures contributed to the surgical error.

Identifying all responsible parties is essential in securing fair compensation.

Establishing a Breach of the Standard of Care

To prove medical malpractice, you must demonstrate that medical professionals breached the standard of care. The standard of care represents the accepted medical practices and procedures that health care providers must follow. 

Demonstrating a breach means clearly illustrating how the surgeon, medical staff, or facility deviated from accepted safety protocols. In wrong-patient surgery cases, this typically involves failing to adequately verify patient identity, ignoring established pre-operative procedures, or negligently disregarding operating room safety measures, directly resulting in patient harm.

Steps to Take After a Wrong Patient Surgery Error

Experiencing wrong-patient surgery is alarming and overwhelming. To protect your health and legal rights, you must take immediate and deliberate action following the surgical error.

Seek Immediate Medical Attention for Any Complications

Promptly seek appropriate medical care to treat complications resulting from wrong patient surgery, preventing further harm and addressing any injuries caused by the surgical error.

Document Everything: Medical Records, Photographs, and Communications

Carefully record all medical treatments, appointments, medications, incurred medical bills, expenses, correspondence, and photographs documenting your injuries and recovery process to preserve essential evidence.

Obtain Your Complete Medical Records

You have a legal right to access your medical records. Request copies from the hospital or healthcare provider’s records department to fully document your case.

Report the Error to the Hospital Administration and Regulatory Authorities

Formally reporting the surgical error to hospital management and relevant oversight authorities helps improve patient safety standards and supports evidence for your claim.

Consult with an Experienced Lawyer

Seek legal counsel from a knowledgeable surgical error lawyer immediately to protect your rights, understand your legal options, and begin pursuing appropriate compensation.

Filing a Wrong Patient Surgery Lawsuit in Illinois

Experiencing wrong patient surgery is devastating and can cause serious consequences physically, emotionally, and financially. Understanding how to pursue a claim in Illinois is essential for obtaining financial compensation. The legal process involves several steps that your Chicago surgery error lawyer will guide you through to protect your rights.

The Affidavit of Merit Requirement

Illinois law mandates an affidavit of merit as the first step in filing medical malpractice claims. This affidavit is a formal written statement from a qualified medical expert confirming that medical negligence occurred. Your lawyer works with this expert to identify how medical professionals deviate from accepted standards of care. Once completed, this affidavit accompanies your official complaint and helps validate the legitimacy of your claim.

Drafting and Filing the Complaint

Next, your Chicago surgical error attorney drafts a comprehensive legal complaint detailing what happened during your surgical procedure. This document identifies the responsible medical providers and outlines the surgical errors, serious injuries, and damages you suffered. After finalizing, the complaint and affidavit of merit are filed with the court and formally served on all defendants involved, initiating your lawsuit.

The Discovery Process: Gathering Evidence

Discovery is crucial for building your medical negligence case. Your legal team thoroughly gathers evidence, reviews medical documentation, collects depositions from medical personnel and expert witnesses, and compiles photographs and communications. This evidence establishes a strong connection between medical negligence and your injuries, illustrating liability and damages.

Negotiating a Settlement

Most medical malpractice cases settle without proceeding to trial. Your surgical error lawyer negotiates firmly with insurance representatives and defendants’ attorneys to secure fair compensation for your medical expenses, ongoing care, lost income, and pain and suffering.

Going to Trial: Presenting Your Case in Court

If settlement negotiations do not yield a fair outcome, your lawyer presents your case in court. With carefully prepared evidence, compelling expert testimony, and persuasive arguments, your attorney advocates powerfully, fighting for maximum financial recovery for your suffering.

Compensation for Victims of Wrong Patient Surgery

You can pursue compensation for your losses if you’ve endured serious harm due to a wrong patient surgery. Illinois law allows victims of medical negligence to seek damages covering financial and emotional impacts, ensuring you have the resources needed for recovery.

Economic Damages

Economic damages compensate you for the direct financial losses from the wrong patient surgery. These damages typically cover your past and future medical expenses related to hospital stays, corrective surgeries, rehabilitation, medications, medical equipment, and ongoing care. Additionally, compensation addresses lost wages from missed work and loss of earning capacity if injuries permanently impact your ability to earn income or continue in your chosen profession.

Non-Economic Damages

Victims of wrong-patient surgery often experience profound emotional distress, anxiety, depression, or post-traumatic stress, significantly disrupting their daily lives and relationships. Non-economic damages recognize your suffering and provide monetary relief for physical pain, mental anguish, disfigurement, or scarring resulting from unnecessary or improper surgery. 

Additionally, compensation addresses the loss of enjoyment of life, helping you move forward from the trauma of the error. Although these damages cannot erase the pain you endured, they offer meaningful acknowledgment and support for your recovery and well-being.

Statute of Limitations for Wrong Patient Surgery Lawsuits in Illinois

Illinois’s statute of limitations for filing medical malpractice lawsuits, including wrong-patient surgery claims, is two years from the date the patient knew or reasonably should have known about the injury.

Consequences of Missing the Deadline

Missing the deadline set by Illinois’ statute of limitations prevents victims from seeking compensation, regardless of the severity of their injuries or the extent of the medical negligence. Acting promptly and consulting an experienced surgical error attorney are essential to preserving your right to compensation.

Why You Need an Experienced Chicago Surgical Error Lawyer

After experiencing serious injuries from wrong patient surgery, working with skilled Chicago medical malpractice attorneys is essential. Surgical errors involve complicated legal requirements, including specific documentation, expert testimony, and strict deadlines. 

An experienced lawyer thoroughly investigates your case, carefully reviewing medical records, identifying exactly how the surgical mistake occurred, and consulting respected medical experts to substantiate your claim.

Additionally, insurance companies often minimize compensation or deny liability altogether. Your attorney handles negotiations with insurers directly, protecting your rights and working diligently to secure fair compensation for medical expenses, lost income, emotional distress, pain and suffering, and future medical needs.

If a fair settlement cannot be achieved, your Chicago medical malpractice attorney will effectively present your case at trial, aggressively advocating for your rights. A dedicated legal professional representing you provides critical peace of mind, allowing you to focus entirely on your recovery and health.

Contact Our Chicago Medical Malpractice Lawyers for a Free Consultation

Our dedicated legal team at Rosenfeld Injury Lawyers provides compassionate and professional representation, aggressively advocating to secure the compensation you deserve for medical expenses, lost wages, and ongoing care.We work on a contingency fee basis, meaning you owe nothing unless we successfully obtain financial compensation for your injuries. To schedule a free case evaluation with a Chicago personal injury attorney, call us at (888) 424–5757 or fill out our contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.