Wrong Patient Surgery Resulting in Removal of Client’s Healthy Kidney – Medical Malpractice Never Event

$2.3 million settlement

Client, 65 years old, underwent radical nephrectomy surgery of his healthy kidney in error. When attempting to access Client’s imaging study, Client’s lead surgeon failed to use two patient identifiers to match the correct patient with the correct imaging.  As a result, the surgeon viewed the imaging of another man with the same name and concluded incorrectly that Client had a large renal tumor that needed to be removed urgently.  Client claimed that systemic failures by the four defendants — his primary care provider, the two surgeons, and the hospital — contributed to the excision of his healthy kidney.

In addition to the loss of his kidney, Client had a 12-inch scar running from breast bone to pelvis. He suffered post-traumatic stress disorder but otherwise had a good recovery.

The lead surgeon admitted liability and the three other defendants denied liability.  All disputed any increased likelihood of future illness or disease from the loss of one kidney.

The matter resolved after mediation.