Wrong site surgery is one of the most shocking errors a patient can experience. You consent to one procedure, on one body part, then wake up to find the surgeon operated somewhere else. In Michigan, this is not just a mistake, it can be the basis for a strong medical negligence claim. Below, we explain what wrong site surgery is, why it still happens, how Michigan law treats these cases, and how Sommers Schwartz can help you protect your rights and your recovery.

Understanding Wrong Site Surgery in Michigan

Wrong site surgery is a broad term that includes operating on the wrong side or level, performing the wrong procedure, or operating on the wrong patient. Patient safety leaders classify these events as never events, meaning they should never occur when basic safeguards are in place. When a wrong site error happens, it is often obvious that someone failed to follow safety rules that exist to keep patients safe.

Consider a common scenario. A patient with a herniated disc at L4-L5 undergoes spine surgery, but the surgeon operates at the wrong level. The patient wakes up with the same pain as before, plus a longer recovery, additional risk of complications, and the need for a second surgery. In other cases, surgeons may operate on the left knee instead of the right, remove the wrong organ, or perform an entirely different procedure than the one consented to. These are classic forms of medical malpractice in Michigan and across the country.

Hospitals and surgery centers are supposed to use checklists and standardized processes to prevent these errors. When those safeguards are skipped or performed poorly, patients pay the price. If this happened to you or someone you love, you can hold the responsible providers and facilities accountable and pursue compensation for your losses.

How These Errors Happen and How They Are Prevented

You might wonder, with modern medicine and electronic records, how does a wrong site surgery still happen? Investigations show the root causes are surprisingly basic. Breakdowns in communication, rushed or incomplete preoperative verification, missing or unclear site marking, and a poor team “time out” allow a wrong site mistake to slip through. Handoffs between teams, changes to the plan, and pressure to move quickly also raise risk.

There are proven ways to prevent these events. The Joint Commission’s Universal Protocol requires three steps, preoperative verification, marking the operative site, and a final time out immediately before incision. During the time out, the entire team stops to confirm the patient’s identity, the procedure, the site and side, and key details like imaging and implants. When done thoroughly, these steps dramatically reduce the chance of error.

Although wrong site surgery is relatively rare, studies supported by AHRQ estimate it occurs at a rate of about 1 in every 113,000 operations. That number may sound small, yet for the patients affected the impact is life changing. If a team failed to follow the Universal Protocol and you suffered harm, a Michigan medical malpractice lawyer can help you investigate what went wrong and why.

Your Legal Rights After Wrong Site Surgery in Michigan

Michigan law requires healthcare providers to meet the accepted standard of care in their field. Operating on the wrong site is a serious deviation from that standard. If the mistake caused injury or additional treatment, you may have a claim for negligence. Common damages include the cost of corrective surgery, new medical bills, time off work, pain and suffering, and in some cases permanent disability or loss of function.

Michigan has specific procedural steps for medical negligence cases. Before filing a lawsuit, the patient must send a Notice of Intent that outlines the claims and allows time for the provider to respond. When the lawsuit is filed, an Affidavit of Merit from a qualified doctor in the same field is generally required to show there is a reasonable basis for the case. These steps sound technical, and they are, which is why having a seasoned advocate matters.

Do you need to worry that you signed a consent form? In almost all wrong site cases, informed consent does not excuse a procedure performed on the wrong body part or the wrong procedure altogether. Consent is tied to the specific surgery you agreed to, not a blanket permission to operate elsewhere. A dedicated medical malpractice attorney can assess how these rules apply to your situation and build a strategy to pursue the best outcome.

Proving a Wrong Site Surgery Claim

Every strong case starts with the facts. Your legal team will gather medical records, operative reports, imaging, anesthesia notes, and hospital policies. They will confirm what the consent form authorized and compare it to what was actually done. They will look for where the process broke down, did the team complete a proper time out, was the site marked in the right place, were the records and imaging available in the operating room, did anyone voice a concern that was ignored?

Wrong site surgery claims often require testimony from physicians in the same field who can explain the standard of care and how it was breached. These clinicians help translate medical details for the court and connect the dots between the error and your injuries. Your lawyer may also use statements from the surgical team, internal incident reports, and national safety guidelines to show the mistake was preventable.

What if the hospital admits the error but downplays your damages? Proof of harm is just as important as proof of fault. That means documenting additional surgeries, complications, longer recovery, increased pain, and the ways the error affected your ability to work and enjoy life. Careful preparation helps maximize the value of your medical malpractice claim.

Why Work With Sommers Schwartz After a Wrong Site Error

After a wrong site surgery, you need a law firm that understands how these cases are won and that has the resources to take on hospitals and their insurers. We start by listening. Then we move quickly to preserve evidence, consult with respected clinicians, and map out a plan that fits your goals, whether that is a prompt settlement or a full presentation at trial.

We keep you informed at every step. You deserve clear answers, practical advice, and a team that treats your case with urgency. We handle the legal heavy lifting so you can focus on healing. Many clients appreciate that we work on a contingency fee, you pay no legal fee unless we recover compensation for you. If you want to speak with a Michigan medical malpractice lawyer, reach out for a free, confidential consultation. We are ready to help.

What Compensation Can You Pursue and What Should You Expect?

Every case is different, but most patients pursue economic and non economic damages. Economic losses include added hospitalizations, corrective procedures, therapy, medications, and lost income. Non economic damages compensate for pain, emotional distress, scarring, and the loss of everyday activities you enjoyed before the injury. In tragic cases involving permanent harm or death, claims can include future care costs and, for families, wrongful death damages.

What does the process look like? First, we investigate and evaluate liability, causation, and damages. Next, we follow Michigan’s pre suit requirements, including the Notice of Intent. We then file the lawsuit with the required supporting materials and exchange information with the defense. You may be asked to give sworn testimony in a deposition, which your legal team will prepare you for. Along the way, settlement discussions may occur. If the defense refuses to be fair, we are ready to try your case before a jury.

Remember, wrong site surgery is a serious breach of patient safety. You do not have to navigate this alone. When you are ready, talk with a medical malpractice lawyer who can protect your rights and pursue the full value of your claim. If you prefer, you can also connect with a medical malpractice attorney near where you live, and we will meet you where you are.

FAQs about Wrong-Site Surgery Medical Malpractice

I signed a consent form. Can I still bring a claim for wrong site surgery?

Yes. Consent covers the specific procedure and location you agreed to. Performing surgery on the wrong body part or performing the wrong procedure falls outside that consent and can form the basis of a negligence claim.

How do I know if the hospital followed the Universal Protocol?

Your attorney can obtain the medical records, time out documentation, and incident reports. We compare those documents to national standards and hospital policies to determine where the process failed.

What if I did not discover the error until weeks later?

That is common, especially in spine or internal procedures. Medical records, imaging, and second opinions can confirm what was done and why you are still having symptoms. Speak with an attorney promptly so key deadlines do not pass.

Will I have to go to court?

Many cases resolve through negotiation or mediation. If a trial is necessary, we will prepare you and stand by your side. Our goal is to secure a result that reflects the harm you suffered, whether through settlement or verdict.