Wrong site surgery is not a judgment call that went badly. The error is also usually followed by a second problem, because the original condition is still untreated.
What Counts as Wrong Site Surgery in the Operating Room
The term covers more than operating on the left when the problem was on the right.
Wrong Level Spine Surgery: A fusion, laminectomy, or discectomy is performed at the wrong vertebral level. Spine cases can lead to nerve injury, chronic pain, and further operations.
Wrong Procedure: The surgeon performs a different operation than the one the patient consented to. Wrong Organ or Structure: A healthy organ, tissue, or implant site is operated on or removed.
What to Do After Discovering a Wrong Site Surgery
Start by getting the facts straight while memories are fresh. If a surgeon or nurse admitted a mistake, note the words as closely as you can.
Maryland sets firm deadlines for malpractice claims, and the process has its own steps.
How a Claim Unfolds in Maryland Courts
Maryland routes malpractice claims through a defined path. The claim is first filed with the Health Care Alternative Dispute Resolution Office in Baltimore.
After the certificate, the parties can waive arbitration, and most do. The chairman then transfers the case to the appropriate circuit court. For an Annapolis patient, that is typically the Circuit Court for Anne Arundel County in Annapolis.
Maryland Caps Noneconomic Damages While Leaving Economic Losses Uncapped
Compensation falls into two groups. Noneconomic damages cover pain, suffering, physical impairment, disfigurement, and loss of consortium.
