Wrong site surgery claims: Who's fault was it?

It might seem obvious that if a hospital and surgeon, and all the nurses and surgical assists, allow a surgical procedure to happen on the wrong body part or on the wrong part of the body, it must be the doctor or hospital's fault. However, the fault of the hospital must still be proven by the injured plaintiff in these cases.

Clearly, whenever a "res ipsa loquitor" situation arises, it is assumed that someone must be negligent. "Res ipsa loquitor" is an ancient Latin phrase that means "the thing speaks for itself" and a wrong site surgery case definitely speaks -- if not screams -- for itself that something went horribly wrong and someone is to blame.

The thing is, the law allows all accused persons or parties to have their day in court to defend themselves against any accusations. As such, even plaintiffs who have wrong site surgery cases that are so cut and dry that even the slowest intellect could quickly ascertain what happened, will usually still have to prove their negligence cases in court. Not that it will be hard to prove, as negligence will be assumed by the court in a "res ipsa loquitor" situation. It's just that legal cases for financial recovery, or civil lawsuits in medical malpractice scenarios, must move forward by the book.

Have you been hurt in any kind of medical malpractice situation? It may be time for you to speak up in court and seek compensation for your injuries. A successfully navigated medical negligence lawsuit could bring you much-needed financial restitution to pay for your injuries.

Source: FindLaw, "Botched or Wrong-Site Surgery Lawsuits: 3 Legal Questions," Bret Snider, accessed Dec. 23, 2016

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