An estimated 80,000 surgical "never events" occurred in U.S. hospitals during a recent 20-year period, averaging 4,000 per year. These estimates have been described as probably on the low side. The estimates indicate that surgeons perform the wrong procedure on a patient 20 times a week and operate on the wrong body site 20 times a week.

Surgical misidentifications are not the type of injury that triggers frivolous lawsuits or settlements made to avoid jury trials as they are fairly unambiguous injuries. Judgments and settlements over the 20-year time period indicate amounts paid out for surgical never events totaled $1.3 billion.

Attorneys, physicians, insurers, employers, and others who are involved in litigation concerning surgical misidentifications must be aware of the types of lawsuits that arise from these types of injuries, which strategies and techniques to employ, and which issues are critical to understand.

Arbitration or mediation may be required by contract or statute, mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.

The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial. 

The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial. 

How much have juries awarded and what settlements have been reached recently in wrong site, wrong procedure, wrong patient surgery cases? 

This article discusses surgical misidentifications, what they are, the terminology used, and the Universal Protocol for Preventing Wrong Site, Wrong Procedure and Wrong Person Surgery™. Provided is a checklist for prevention of these never events. Factors for physicians and hospitals to consider that have led to surgical misidentifications are included. 

A listing of law and medical references for further information on surgical misidentifications.