Some Kentucky residents might have heard that a doctor in Florida was sued after removing a kidney from a woman who went in for another type of surgery. The woman was supposed to have bones fused in her lower back.

One of the surgeons mistook her kidney for a tumor and removed it. The lawsuit argued that the woman had no say in the matter. Her two primary surgeons settled for $250,000 each. There was also an undisclosed settlement with the surgeon who made the error although he admitted no wrongdoing. While the primary surgeons had malpractice insurance, the one who made the error did not.

The Florida Department of Health then filed a claim against the doctor who made the error. Reportedly, his disciplinary record was clean prior to this incident. However, he may face consequences ranging from a fine to losing his license. The federal Agency for Healthcare Research and Quality reports the surgical errors involving the wrong procedure, the wrong patient or the wrong surgical site are called “never events” because they are never supposed to happen.

People who feel they or their loved ones have been injured because of an act of medical malpractice may want to consult an attorney. Errors such as giving someone the wrong dose of medication or a failure to diagnose an illness might also constitute medical malpractice, and these types of mistakes can significantly impede a person’s recovery. In some cases, they can even be fatal. In a lawsuit to determine whether medical malpractice occurred, a few things will be taken into account. One is whether the medical provider or facility gave the patient a reasonable standard of care, and the other is whether the patient was harmed by the error.

Source: Fox News, “Surgeon removes woman’s kidney during back surgery after mistaking it for cancerous tumor,” Amanda Woods, New York Post, Nov. 5, 2018