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Indiana Medical Malpractice lawyer|Wrong Site Low Back Surgery Case

Posted by Guy DiMartino | Oct 31, 2014 | 0 Comments

Michigan City Indiana medical malpractice lawyer discusses wrong site low back surgery case.

Operating on the wrong side of a patient's body is unacceptable in this day and age and this only happens if more than one health care provider is negligent.  Hospital, surgeons, and nurses have the responsibility of checking the surgical site multiple times before the first incision is made.

In this case history, the nurse or surgical tech placed the x-ray on the view box backwards so the left side was where the right side usually was placed.  The facts are as follows:

  •  A patient with a long history of right low back pain that radiated into the right leg
  • MRI showed a disc herniation at L4-L5
  • Surgery was recommended to remove a portion of the herniated disc
  • The patient was put to sleep
  • The patient's x-rays were put on the view box backwards
  • Because of the x-ray, the surgeon performed the surgery on the left side
  • In the middle of the procedure, the doctor discovered the error and the correct procedure was performed
  • After the procedure, the patient began experiencing left sided complaints
  • The patient was hospitalized a number of times for left sided low back pain
  • The patient sued the doctor for medical malpractice.

My analysis of the case:  

There is never any excuse for a doctor to perform surgery on the wrong side of the body or the wrong body part.  A doctor and the operating room nurses have a duty to check and double check the paperwork, x-rays, and patient's body before making an incision.   The doctor's insurance company in this case settled the case quickly because there is no defense for wrong site surgery.

As I reported in an earlier blog, there are multiple wrong site surgeries performed every year in Indiana.

If you have any questions about a wrong site surgery case at any of our Northwest Indiana hospitals including Methodist, St. Anthony, St. Catherine, St. Mary's, Community, St. Margaret, St. Margaret-Mercy, Pinnacle or LaPorte give our office a call at (219) 874-4878

Indiana medical malpractice law is complex.   To find out more about Northwest Indiana malpractice law request a free copy of my book: A Patient's Guide to Indiana Medical Malpractice Claims.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


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