Medical Malpractice Claim Alleges Unnecessary Incisions

A common fear held but many individuals is that a doctor or surgeon will make a mistake and operate on the wrong area or body part. According to a recent medical malpractice lawsuit filed against a neurosurgeon and Upstate University Hospital, that is exactly what happened to a 70-year-old Skaneateles man.

According to the patient, he was scheduled to have a procedure to remove a spinal cord stimulator from his back. The stimulator is a small device implanted next to the spinal cord and intended to control pain. Typically, the removal of the device requires only a small two-to-three inch incision in the back.

When the man underwent surgery, he was apparently operated on by a resident under the supervision of the neurosurgeon. Instead of making the necessary small horizontal incision to remove the spinal cord stimulator, the resident made a vertical incision of eight-to-nine inches in the wrong location on the man’s back. A second incision was then required to complete the necessary procedure.

The patient is suing both the neurosurgeon who supervised the surgery and the hospital. He is claiming that the extra incision resulted in excruciating and unnecessary pain, additional stitches and scarring, and a longer healing time. No dollar amount was mentioned in the malpractice complaint. The doctor and the hospital have not commented or responded to the suit at this time.

If you have suffered an injury as a result of a medical procedure that was performed negligently or carelessly, you may have a possible medical malpractice claim. If you think you may have such a claim, you should speak with an attorney as soon as you can because the statute of limitations, the timeframe for filing a claim to hold the medical provider accountable for the harm, may expire and limit your right to financial compensation.

Source: Post Standard, Skaneateles man sues doctor, Upstate,hospital for ‘unnecessary’ incision down his back, James T. Mulder 12/22/10