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Medical malpractice suit alleges surgeons removed wrong organ

On Behalf of | Apr 25, 2017 | Medical Malpractice

New York surgery patients have no choice but to place their trust, and their lives, in the hands of surgeons. For their part, surgeons are expected to carefully review medical records and pertinent documentation before every operation to ensure they are completely prepared. A recently filed medical malpractice lawsuit in another state claims that the surgeons involved not only neglected to review the patient’s files and subsequently removed the wrong organ, but then attempted to hide their mistake.

In July 2016, the plaintiff, an 83-year-old man, was sent for a surgical consult in regard to a soft-ball sized malignant tumor on his right kidney, diagnosed by the man’s primary nurse care practitioner and two separate radiologists. The surgery was to remove just the tumor on the right kidney while leaving the organ itself to continue functioning. The man’s left kidney was healthy.

However, it is alleged that unnoticed errors began cropping up. All the medical records up to a certain date identified the right kidney as having the cancerous growth, but a mislabeling occurred that incorrectly referred to a mass on the left kidney. This happened again several weeks later, right before the man was to undergo his operation.

In surgical notes, one of the surgeons wrote that he had reviewed the patient’s old records, labs and diagnostic imaging. However, if that were true, the suit claims, then the surgeon would have caught the mistake and either corrected it or ascertained the reality of the situation. Unfortunately, the surgeons instead removed the man’s healthy left kidney; then, after the mistake was discovered, proceeded to discharge the man with the cancerous tumor still in place, untouched. The plaintiff intends to prove that the surgeons’ negligence caused pain – both physical and emotional – and permanently disabled the man. While no medical malpractice lawsuit can undo the harm caused by a negligent physician, a New York attorney can offer legal counsel and representation to help victims fight for compensation and justice.

Source:, “Patient claims I.F. doctors mistakenly removed kidney instead of cancerous tumor“, Stephan Rockefeller, April 19, 2017

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