New York Wrong-Site Surgery: Preventable Harm

Surgery is stressful enough without having to worryconfirming the correct surgical site is marked at the
whether the surgeon is going to operate on thestart and at the time the surgery begins, or the right
correct body part. A wrong-site surgery occurs whennumber of sponges and instruments are on the table
the doctor mistakenly performs a medical procedureand of course, at the end of the procedure.�
on the incorrect organ or wrong side of the body.In addition to WHO, the Joint Commission on
Although some of these sorts of medical mistakesAccreditation of Healthcare Organizations (JCAHO or
may be corrected after the fact, they are oftenJoint Commission), the biggest and oldest U.S.
irreversible, such as with an amputation or removal ofprofessional organization setting healthcare safety
an internal organ.standards and accrediting medical facilities, has
Recent New England Exampledeveloped, with input from major medical
The Rhode Island Department of Health onassociations, professionals and the public, the
November 2 publicly reprimanded Providence's RhodeUniversal Protocol for Preventing Wrong Site, Wrong
Island Hospital, affiliated with Brown University, for anProcedure and Wrong Person Surgery (Universal
October surgery on a patient's wrong finger. TheProtocol). Widely endorsed, the protocol has three
Health Department found that the hospital did notmain parts:
follow its own safety procedures governing proper- Presurgury verification of documents
surgical-site marking and planned timeout from the- Clear and unambiguous surgical-site marking
surgical process to check that nothing was amiss.- Timeout immediately before surgery
For only the second time ever, the Rhode IslandThe timeout is used to confirm the right surgical
Department of Health imposed a fine on a hospitalprocedure, surgical site and patient identity. All
($150,000). The first was on the same institution inmembers of the surgical team are urged to verbalize
2007 for another wrong-site surgery. In addition toduring the timeout questions or confusion about the
the current incident, this hospital has had four othersurgery the team is about to perform.
wrong-site surgeries since 2006: three brain surgeriesThe jury is still out as to the long-term effectiveness
and one for cleft palate.of the Universal Protocol in preventing surgical-site
In addition to the fine, regulators required the hospitalerrors. Its use is required in JCAHO-accredited
to install video and audio equipment in operatingfacilities and its basic elements have been adopted
rooms and mandated observation for a year of eachand enhanced by many state governments,
surgical procedure by a medical professional withprofessional organizations and medical institutions in
special training in safe surgery and implementation ofdeveloping their own protocols.
a statewide surgical safety protocol that wasNew York Surgical Errors
developed by the World Health Organization (WHO).The problem of wrong-site surgery is also alive and
Hospital President and Chief Executive Officerwell in New York. For example, from 2003 to 2005,
Timothy Babineau, M.D., acknowledges the most347 wrong-site, wrong-patient or wrong-procedure
recent incident on the hospital's Web site, pledgingevents were reported through the New York Patient
ongoing safety improvement. He estimates thatOccurrence and Tracking System (NYPORTS), the
"wrong site surgical errors continue to occur atmandatory state medical-error reporting system.
hospitals all over this country at a rate of nearly 40After reviewing the Universal Protocol and other
per week."resources, New York developed its own New York
Root Causes and PreventionState Surgical and Invasive Procedure Protocol
Researchers have found wrong-site surgeries to be(NYSSIPP). NYSSIPP is the official and required
symptomatic of both poor communication amongstandard of care for most surgical procedures in New
involved medical professionals, the patient and familyYork. It includes and enhances the three basic
and of inadequate teamwork among the doctors,elements of the Universal Protocol -- verification,
nurses and other medical professionals on the surgicalmarking and timeout -- plus standards for scheduling,
team. Other contributing factors include fatigue,consent, disagreement resolution and compliance
stress, complexity of our healthcare system,oversight. NYSSIPP especially encourages active
inadequate institutional information managementcommunication among all members of the surgical
systems, hurriedness and inexperience.team, particularly during the scheduled preoperative
WHO developed an international pilot program thattimeout.
introduced a Surgical Patient Safety Checklist andNew York Medical Malpractice
found that when followed, use of the protocolA New York patient who is the unfortunate victim of
resulted in nearly one third significantly fewer deathswrong-site surgery should consult with an
and complications among a diverse adult patientexperienced medical malpractice attorney to discuss
population undergoing non-cardiac surgery. The pilotpossible legal remedies. In order to be successful on a
program researchers, who are part of the WHOclaim for medical malpractice in New York, a plaintiff
Safe Surgery Saves Lives Study Group, publishedmust prove that the doctor or other medical
their findings in the January 14, 2009 edition of theprofessional departed from an accepted standard of
New England Journal of Medicine.practice, and that the deviation proximately caused
Essentially, the WHO protocol has evolved into athe complained-of injury. Other possible legal claims
19-item checklist that contains a series of pointscould be general negligence, gross negligence,
during all surgical procedures that a surgical teamwrongful death, lack of consent or reckless
goes through and when doing so, the team mustindifference. In a New York wrong-site surgery case,
confirm they had completed each step in thea likely issue will be whether the surgeon and his or
protocol. For example, the study identified threeher team complied with the requirements of the
critical points during a surgical procedure: beforeUniversal Protocol and the NYSSIPP, and whether
anesthesia, just before incision, and before thedeviation from the standards in those protocols
patient leaves the operating room.� Acaused injury.
significant requirement of this protocol is that aA personal injury lawyer should be contacted as early
member of the team must verbally confirm that eachas possible so as not to miss any deadlines for giving
step of infection control, anesthesia safety and othernotice or bringing a lawsuit.
important considerations�are met, such as