Patient Sues Hospital After Doctor Removes the Wrong Organ

A Minnesota woman has filed a medical malpractice lawsuit against Allina Health and her former surgeon after he allegedly removed her kidney instead of her infected spleen. The lawsuit, which was filed by a Plymouth woman in Hennepin County, alleges that the plaintiff’s doctor, the Allina Health System, and Allina Health Surgical Specialists committed medical battery and medical malpractice stemming from a surgery that occurred in March 2022, when the incorrect organ was removed.

According to court documents, on March 24, 2022, the plaintiff was admitted to Abbott Northwestern Hospital for a possible abscess or rupture of her spleen. A doctor recommended that the spleen be removed, and scheduled the procedure for March 28. The patient was met by the doctor on the morning of the surgery. He reportedly reviewed the risks of the procedure before proceeding into the operating room. The lawsuit claims that the doctor performed an open laparotomy procedure and mistakenly removed the patient’s left kidney instead of her spleen, despite the fact that the doctor’s postoperative note stated that he removed an “intact spleen during the surgery. However, a post-op CT scan revealed that the infected spleen remained, and a kidney was missing in its stead, according to the lawsuit.

The plaintiff remained hospitalized for nearly two months due to complications from having the wrong organ removed. She was diagnosed with kidney disease and now requires dialysis treatment, according to the lawsuit. The lawsuit states that the plaintiff is seeking financial compensation in excess of $50,000, in addition to attorney fees.

What the defendant is saying 

According to the defendant, they provided “life-saving medical care” to the plaintiff despite removing the wrong organ: “Allina Health is aware of the lawsuit and has had the case reviewed by medical experts. While we will not discuss details of a patient’s care due to privacy laws, the court filings don’t accurately reflect the full picture of the patient’s condition or the life-saving medical care provided. We intend to vigorously defend, in court, the care that was provided.”

Elements of medical negligence

 You cannot sue a doctor or hospital just because something bad happened to you during a surgery. You must instead allege that the doctor who treated you violated the prevailing standard of care for the profession. One would imagine that a doctor should be able to tell the difference between a spleen and a kidney. In this case, the doctor could not, which resulted in the wrong organ being removed. This is an extremely troubling case because the level of medical negligence involved is substantial. Obviously, most doctors would be able to tell the difference between a spleen and a kidney, and would have removed the right organ. This makes for a very strong case against the doctor and the hospital.

Talk to an Oakland, CA, Medical Malpractice Attorney Today 

The Oakland medical malpractice attorneys at Venardi Zurada represent the interests of patients in medical malpractice suits filed against negligent doctors. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury attorneys today to schedule a consultation, and we can begin investigating your case right away.

Source:

fox9.com/news/allina-health-lawsuit-surgeon-repotedly-removes-wrong-organ