$500,000 Wrong-Site Surgery Malpractice Settlement
Surgeon Mistakenly Removes the Wrong Gland From Patient
Our young patient had been diagnosed with a cancerous tumor on her thyroid, and a relatively straightforward surgery had been scheduled to remove her thyroid gland. Although the thyroid plays an important role in regulating many bodily functions, hormone replacement medication is often prescribed after thyroid removal to help patients continue living a balanced life.
In this case, however, the surgeon operated to remove the thyroid but mistakenly removed the thymus gland instead. The thymus is located in the chest, between the lungs and behind the sternum. It is not the same gland as the thyroid and was not the intended target of this surgery.
This medical error allegedly could have been discovered immediately if a biopsy or pathology review had been performed on the removed gland before the incision was closed. That type of review could have shown that the cancerous thyroid tumor had not been removed, allowing the surgical team to take corrective action sooner. Instead, the incision was closed, and another surgery was later required to remove the intended gland after the mistake was finally discovered.
It was also determined that cancerous cells had spread to the parathyroid and lymph nodes, requiring lymph node testing and radiation treatment. A lawsuit was filed in the Cook County Court system, and the case was referred to court mediation. After mediation, Sexner Injury Lawyers LLC secured a $500,000 award for this serious surgical error.
Wrong-Site, Wrong-Procedure, and Wrong-Organ Surgery
Surgery is always serious. Even when a procedure is planned and performed carefully, patients may face risks involving anesthesia, bleeding, infection, scarring, pain, organ injury, delayed healing, and other complications. But some surgical mistakes are different because they should not occur when proper safety systems are followed.
The Agency for Healthcare Research and Quality’s PSNet patient-safety primer explains that wrong-site, wrong-procedure, and wrong-patient errors involve surgery on the wrong body part, the incorrect procedure, or a procedure intended for another patient. PSNet describes these errors as “never events,” meaning they should never occur and indicate serious underlying safety problems.
Wrong-site surgery can involve the wrong side of the body, wrong limb, wrong spinal level, wrong patient, wrong procedure, wrong organ, or wrong gland. In this case, the alleged error involved the wrong gland: the thymus was removed when the planned surgery was intended to address a cancerous tumor on the thyroid.
Thyroid Cancer, the Thyroid Gland, and the Thymus
MedlinePlus explains that thyroid cancer begins in the tissues of the thyroid, a small butterfly-shaped gland at the front of the neck. The thyroid produces hormones that control how the body uses energy and affect many important body functions, including breathing, heart rate, weight, digestion, and mood.
The thymus is different. It is located in the chest and is associated with the immune system. Because the thyroid and thymus are different glands in different locations, a wrong-gland surgical error can require additional treatment, additional surgery, more medical expense, and additional emotional distress for the patient and family.
The original facts of this case also involved spread to the parathyroid and lymph nodes. MedlinePlus explains that the parathyroid glands are four pea-sized glands located in the neck near the thyroid, and that they make parathyroid hormone, which helps control calcium levels in the blood.
Why Surgical Verification and Time-Out Procedures Matter
Wrong-site and wrong-procedure events are often investigated by reviewing the safety steps that occurred before and during the procedure. Important questions may include whether the patient was properly identified, whether the correct procedure was confirmed, whether the surgical site was marked, whether the medical records were reviewed, whether imaging and pathology information were available, and whether the surgical team performed an effective time-out before beginning.
The Joint Commission states that the Universal Protocol for Safe Surgical Practices includes verification, site marking, and time-outs. Its standards also identify the need to conduct a pre-procedural verification process, mark the procedure site, and perform a time-out before the procedure.
AHRQ’s PSNet explains that site marking remains a core component of the Universal Protocol and that the surgical time-out was developed to improve communication in the operating room and prevent wrong-site, wrong-procedure, and wrong-patient events. PSNet also notes that preventing these errors depends on system solutions, strong teamwork, safety culture, and individual vigilance.
Biopsy, Pathology Review, and Failure to Recognize the Error
The original case facts explained that the error could have been discovered immediately if a biopsy had been performed on the removed gland before the incision was closed. In a surgical cancer case, the identity of the removed tissue can be extremely important because the patient and medical team need to know whether the intended tumor or gland was actually removed.
When a provider removes the wrong tissue, fails to confirm what was removed, or fails to act promptly after a mistake is discovered, the patient may face unnecessary surgery, delayed cancer treatment, additional radiation, more pain, avoidable scarring, emotional trauma, and a more complicated recovery.
A potential surgical negligence claim may focus on what procedure was ordered, what consent forms said, what the surgeon understood, what anatomy was identified, whether appropriate safety checks occurred, and whether the surgical team followed accepted medical standards.
Cook County Court Mediation
This case was filed in the Cook County Court system and referred to mediation instead of waiting years for trial. The Circuit Court of Cook County explains that mediation is a method of settling lawsuits outside court. Under Major Case Court-Annexed Civil Mediation, a judge can order parties in civil cases to submit to mediation, where a neutral mediator works with the parties to help resolve the dispute.
The Cook County court also explains that major civil cases seeking damages in excess of $30,000 are eligible for referral to the Major Case Court-Annexed Civil Mediation Program, including personal injury litigation and professional liability actions.
Mediation does not guarantee settlement. But in the right case, mediation can provide an opportunity to present the medical evidence, explain the surgical error, identify the damages, and push for a resolution without requiring the patient to wait through years of litigation and trial preparation.
Evidence That May Matter in a Wrong-Site Surgery Case
Wrong-site and wrong-procedure malpractice cases often depend on detailed records and expert review. Important evidence may include:
- Pre-surgical consultation notes
- Consent forms and operative plans
- Imaging studies and diagnostic reports
- Pathology, biopsy, and tissue-review records
- Operative reports and anesthesia records
- Nursing notes and operating-room records
- Site-marking and time-out documentation
- Post-operative records and follow-up treatment notes
- Oncology, radiation, and lymph node testing records
- Expert medical opinions about standard of care and causation
These records can help determine whether the wrong gland was removed, when the mistake should have been recognized, whether accepted safety procedures were followed, what additional treatment became necessary, and how the error affected the patient’s life.
Legal Help After Wrong-Site or Wrong-Gland Surgery
Wrong-site surgery can be physically and emotionally devastating. When the wrong organ, gland, limb, body part, or procedure is involved, the patient may need additional surgery, delayed cancer treatment, radiation, medication, therapy, and long-term medical follow-up. The patient may also face anxiety, loss of trust, and fear about future medical care.
Since 1990, Sexner Injury Lawyers LLC has represented patients and families in serious medical malpractice cases in Chicago and throughout Illinois. If you or a loved one suffered harm because of wrong-site surgery, a wrong procedure, surgical negligence, or another preventable medical error, contact us for a free case evaluation at (312) 243-9922 or contact us online.
