In an article that appears in the Washington Post, there is a discussion about the problem of wrong site surgeries occurring in our nation’s hospitals. The Joint Commission is an organization that accredits the nation’s hospitals. An alarming static was revealed that wrong-site surgery happens forty (40) times per week in our United States hospitals and clinics.
The wrong site surgeries include amputation of the wrong leg, performing the wrong operation, removing a kidney from a wrong patient, and other egregious mistakes. The mistakes are so unbelievable that they are referred to as “never events” because obviously they should never occur. However, they do occur, and the Joint Commission report suggests that the problem of wrong-site surgery has not improved and might even be getting worse over the years.
These egregious examples of clear medical malpractice involving wrong site surgery emphasizes the need for an appropriate mechanism for medical malpractice victims to receive fair and just compensation from the physicians who commit medical negligence. The tort reformers do not like to discuss statistics like this or problems such as this. Instead they try to focus on the isolated case that appears to be a runaway verdict or a verdict that appears to be unjustified.
I am sure any tort reformer who becomes a victim of a wrong-site surgery would not want to see his medical malpractice claims artificially capped by the legislation, but instead would want full and complete justice for the harms caused.
Our firm continues to strongly oppose any attempts at reducing the rights of those injured or killed due to the negligence or fault of another, including medical negligence of a health care provider.