Over the years surgeons have developed a number of safeguards to prevent operations on the wrong place. They take time-outs in the operating room, mark the correct site with a marker, or even have patients mark the correct areas themselves. And yet, wrong-site surgeries still occur and patients have unwanted operations without getting the procedure they asked for and needed.
Bill was a machinist who injured his right ankle at work and was scheduled for ankle surgery at a free-standing surgery center. Unfortunately, the podiatrist performed the planned surgery on the left ankle instead of the right. Legal issues in the case included apportioning fault between the nurse and the physician but the major issue was that of causation. The defense contended that his left ankle problems were not related to the wrong-site surgery but rather to pre-existing ankle problems that had not been diagnosed before. After extensive litigation with experts on both sides, the case settled a month before trial.
A recent article found that there are currently 400 instances in medicine where new literature has shown that current medical practice doesn’t work, or worse.
Recently, three top national medical systems decided to stop low volume procedures from occurring in their systems, ostensibly to increase patient safety
The "Standard of Care" is something a jury decides, including not only evidence of how doctors in Washington state actually practice, but also what experts for both sides say is the standard.