What to Do If the Surgeon Performed the Wrong Procedure on You?

Finding out that the wrong surgery was performed can be shocking. You went in to treat one problem, and you came out with a new one, plus the original issue may still be there. This type of mistake is often called a “wrong-procedure surgery,” and it is sometimes treated as a “never event,” meaning it should not happen with proper safety checks.

Below is a practical list of steps you can take to protect your health and your rights.

What Counts As The Wrong Procedure Surgery?

A wrong-procedure case can include more than one scenario. Here are common examples patients report:

1. The surgeon did a completely different surgery than the one scheduled

This can happen due to mix-ups in scheduling, incomplete records, or breakdowns in communication.

2. Wrong-site surgery

For example, an operation meant for the right knee is performed on the left or the wrong spinal level is treated.

3. Wrong-patient surgery

This happens when the surgical team confuses patients and performs a procedure intended for someone else.

4. The correct procedure was started, but it changed without real consent

Sometimes a doctor changes course during surgery. In limited emergencies that may be appropriate. But if the change was not medically necessary, or it goes beyond what you agreed to, it may raise informed consent concerns.

5. Incorrect device, implant, or removal

This can include the wrong implant being placed, a device not being removed, or something being placed in the wrong position.

Why Does The Wrong Procedure Happen In The First Place?

It’s easy to assume this can’t happen, but it does. Common causes include:

1. Miscommunication inside the surgical team

Shift changes among staff, unclear instructions, or assumptions can lead to the wrong plan being followed.

2. Incomplete or inaccurate medical records

If charts, orders, or consent forms are wrong or missing details, the team may act on bad information.

3. Failure to follow safety protocols

Hospitals often use “time-out” checks and checklists to confirm the patient, procedure, and site right before incision. When these steps are skipped or rushed, risk goes up.

4. Patient identification errors

If the team does not carefully verify identity, wrong-patient errors can happen.

How Do You Know If It Was Malpractice Or A Known Complication?

Not every bad outcome is malpractice. The key is usually whether the care fell below the standard of care. This means what a reasonably careful provider would have done in the same situation.

A wrong-procedure case often stands out because:

• The procedure performed does not match the scheduled plan or consent paperwork.
• The medical notes do not clearly justify the change.
• The error could have been avoided with basic checks like confirming the patient, site, and procedure.

If you’re not sure, that’s normal. You do not have to prove it on your own before asking for guidance.

How Should You Respond If You Suspect The Wrong Procedure Was Performed?

1. Get medical help first

If you are in pain, have fever, swelling, bleeding, numbness, or trouble breathing, get care right away. Your health comes first.

2. Request your full medical records

Ask for:

• The signed consent form
• Pre-op notes and orders
• The operative report
• Anesthesia records
• Post-op notes and discharge instructions
• Imaging and lab results

Tip: Request records in writing and keep a copy of your request.

3. Write down your timeline while it’s fresh

Include:

• What you were told the surgery would be
• Who you spoke with and when
• Symptoms right after surgery
• Follow-up visits and what you were told

4. Get a second opinion when medically safe

A second doctor can explain what was done and what should happen next. This can also help clarify if the wrong procedure caused new harm.

5. Track costs and life impact

Keep a folder for:

• Bills and receipts
• Time missed from work
• New medications
• Physical therapy
• Travel costs to appointments

6. Talk to a wrong procedure lawyer

Wrong-procedure cases can involve multiple responsible parties, including the surgeon, other staff, and the hospital or surgery center. A wrong procedure lawyer can help review the records, explain deadlines, and tell you what steps make sense for your situation.

Why Acting Quickly Matters?

Waiting can make things harder. Your symptoms can change and evidence can disappear. Thus, it can take time to gather records. Also, there are legal deadlines for medical malpractice claims, and missing them can limit your options, even if the mistake was serious.

What Compensation Can You Receive In A Wrong-Procedure Case?

Every case is different, but damages may include:

• Additional surgeries or corrective treatment
• Hospital bills and follow-up care
• Lost income and reduced earning ability
• Pain and suffering
• Long-term care needs

Ready To Talk About What Happened?

You deserve straight answers if you think the wrong procedure was performed. Contact Lowenthal & Abrams, P.C. to discuss what happened, review the records, and understand your options. The goal is simple, clarity about your situation and a plan for what comes next.