New Jersey is not immune to wrong-site surgeries, although they rarely occur. These surgeries can have devastating consequences, leaving patients with permanent physical and emotional injuries. If you or a loved one has been the victim of this type of medical malpractice, it is essential to understand your legal rights and options.
What Is Wrong Site Surgery?
Wrong-site surgery occurs when a surgeon or medical team performs an operation on the wrong body part, the wrong side of the body, the wrong procedure entirely, or even on the wrong patient.
For example: removing the healthy kidney instead of the diseased one, operating on the left shoulder instead of the right, or a patient being mistaken for another and undergoing the wrong operation. These errors fall far below accepted medical standards and are classified by safety organizations as “never events.”
How Wrong Site Surgery Happens
Even with advanced technology and strict hospital protocols, wrong site surgery still occurs. Common contributing factors include:
- Communication failures among surgical team members.
- Inadequate preoperative verification, site marking, or the required “time-out.”
- Fatigue, rushed schedules, and high-pressure operating rooms.
- Misinterpretation of medical records or imaging, wrong patient records, or ambulatory mix-ups.
Because the mistake is blatant, the legal claim can often move more quickly. For many of these cases, the doctrine of res ipsa loquitur (“the thing speaks for itself”) applies, meaning the fact the surgery happened on the wrong site is itself evidence of negligence.
Consequences of Wrong-Site Surgery
When the wrong body part is operated on—or the wrong patient altogether—the aftermath can be severe:
- Additional surgery to correct the error, possibly with higher risk.
- Loss of function or permanent disability from the error itself.
- Emotional trauma: anxiety, depression, loss of trust in doctors.
- Financial burdens: increased medical bills, lost wages, rehabilitation, long‐term care.
- Reduced quality of life and enjoyment of everyday activities.
Wrong Site Surgery Settlements: What Can You Recover?
Victims of wrong site surgery in New Jersey may be entitled to compensation through medical malpractice claims. Key factors influencing settlements include:
- The severity and permanence of the injury.
- The cost of corrective surgeries and future medical care.
- Lost income, diminished earning capacity, and lifestyle changes.
- Non-economic damages: pain & suffering, emotional distress, loss of enjoyment of life.
- Clear evidence of negligence (especially when it is a “never event”) which strengthens the claim.
While every case is unique, studies of surgical error settlements show ranges like:
- Minor but significant injuries: $50,000–$200,000
- More serious, life-altering injuries: $500,000–$2 million+
With the right legal team, a wrong site surgery settlement can reflect the full breadth of your losses, not just immediate costs.
Why You Need a Wrong Surgery Site Lawyer
Choosing a lawyer who specializes in wrong site surgery cases makes a real difference:
- We know how to investigate all layers of liability: surgeon, hospital, support staff, and credentialing.
- We gather complex medical records, surgical checklists, “time-out” logs, and expert testimony, which are critical for these types of claims.
- We negotiate with hospital insurance carriers and can hold multiple parties accountable.
- We guide you through New Jersey’s statute of limitations and procedural requirements so you do not miss key deadlines.
At Glugeth & Pierguidi, our wrong surgery site lawyers are ready to help clients in New Jersey who have suffered from surgical errors.
What to Do If You Suspect Wrong Site Surgery in New Jersey
Here is a step-by-step checklist to protect your rights:
- Seek immediate medical care for the wrong procedure and any corrective treatment.
- Request and preserve all medical records — pre-op, operative notes, imaging, consent forms, “time-out” records.
- Do not sign any waiver or talk to insurers without legal advice.
- Contact a specialized wrong site surgery lawyer as soon as possible. Early investigation helps preserve critical evidence.
- Avoid discussing the case publicly (especially on social media) until you consult with legal counsel.
- Keep a journal of how the error has affected your life: physical pain, emotional distress, financial losses.
- Stay aware of deadlines. In New Jersey, the statute of limitations for medical malpractice is generally two years from the date of injury (with some variations). Your lawyer will clarify how that applies to you.
Why Choose Glugeth & Pierguidi for Wrong Site Surgery Claims
- We have a dedicated medical malpractice team with experience in surgical error cases.
- We bring in medical experts to review surgical records, protocol breaches, and hospital practices.
- We manage your claim from investigation through settlement or trial while you focus on recovery.
- Our compensation-first fee model means you pay nothing unless we win.
If you or a loved one experienced a surgery on the wrong site, contact us today for a free consultation. Let us help you hold negligent providers accountable and secure the settlement you deserve.
Frequently Asked Questions
Q 1. What qualifies as wrong site surgery?
Wrong site surgery includes any of the following: operating on the wrong body part or wrong side, performing the wrong procedure, or operating on the wrong patient.
Q 2. Are wrong site surgery cases always medical malpractice claims?
Yes. Because these errors are preventable and fall below accepted care standards, victims typically pursue medical malpractice claims.
Q 3. What types of damages can I recover for wrong site surgery?
Victims may recover economic damages (medical bills, lost wages, future care) and non-economic damages (pain & suffering, emotional distress) and in rare cases punitive damages if the conduct was egregious.
Q 4. How long do I have to file a claim for wrong site surgery in NJ?
Generally two years from the date of discovery of the error. If a government entity is involved, shorter notice periods may apply.
Q 5. How do I find a good wrong surgery site lawyer in New Jersey?
Look for attorneys with specific experience in surgical error and medical malpractice claims, access to expert medical reviewers, a track record of handling hospital-based cases, and who are familiar with New Jersey procedural rules and deadlines.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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