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wrong-site surgery

A preventable surgical error where a doctor operates on the wrong body part, the wrong side of the body, the wrong level of the spine, or even the wrong patient.

Examples are ugly and straightforward: cutting into the left knee when the right knee was scheduled, removing the wrong kidney, operating on the wrong finger, or fusing the wrong spinal level after bad charting or sloppy marking. These are not "complications." They usually point to a breakdown in basic safety steps like patient identification, site marking, chart review, imaging review, and the operating-room "time-out." Hospitals and surgeons may call it a systems failure. For the injured patient, it is still a life-changing mistake.

In an injury claim, wrong-site surgery can be powerful evidence of medical malpractice because juries understand it instantly: the surgery happened in the wrong place. Harm may include extra surgeries, infection, nerve damage, permanent disability, lost income, and severe emotional distress. The medical record, consent forms, operative report, imaging, and nursing notes matter a lot - especially when a patient is overwhelmed, medicated, or afraid to question what happened.

In New York, a lawsuit for medical malpractice is generally subject to CPLR 214-a, which usually gives 2 years and 6 months from the malpractice or from the end of continuous treatment. Delays in getting records, language barriers, and fear of retaliation can burn that time fast.

by Rosa Martinez on 2026-03-29

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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