Surgeons at Providence's Rhode Island Hospital (RIH) seem determined to defend inevitable medical negligence lawsuits after an orthopedic surgeon recently operated on the wrong finger of a patient. It's the fifth such wrong-site surgery at the hospital since 2007.

Five cases of wrong site surgery

According to news reports, this is the fifth wrong-site surgery at the Providence-based hospital in the past two years. It involved a patient who was having out-patient surgery on one of his fingers. An orthopedic surgeon mistakenly operated on the wrong finger, but was able to fix the error and perform surgery on the correct finger. It isn't known if the hospital will be fined – or sued. However, RIH was fined $50,000 in 2007 after hospital brain surgeons operated on the wrong side of patients' heads – in three separate instances.

Rhode Island medical malpractice

Although it isn't known whether any of the patients have filed a Rhode Island medical malpractice lawsuit against the hospital, they would likely be entitled to. Surgeons at the hospital are required to take a “time out” before operating to verify what needs to be done. Hospitals in the nation's smallest state adopted standards in July 2009 to combat wrong-site surgeries. They must now have two licensed practitioners mark the operation site with their initials and use a checklist before operating. Apparently, that rule wasn't followed – leaving the patient at a greater risk of serious injury.

Wrong-site surgeries an increasing problem

According to the Joint Commission, an independent, not-for-profit organization that accredits and certifies health care organizations and programs in the United States, surgeons at hospitals nationwide performed 867 wrong-site surgeries between 1995 to September 30, 2009 – and that number seems to be increasing. The JC reported that 126 wrong-site surgeries were performed in hospitals in the first nine months of 2009 alone. Of those 126 cases, the JC reports that 41% relate to orthopedic/podiatric surgery; 20% to general surgery; 14% to neurosurgery; 11% to urologic surgery and the remaining to dental/oral maxillofacial, cardiovascular-thoracic, ear-nose-throat and ophthalmologic surgery.

Why are wrong-site surgeries increasing?

One Providence Rhode Island personal injury blogger summed it up best when commenting on Rhode Island Hospital's string of wrong-site surgeries. He wrote, “A $50,000 fine? No wonder they don't pay attention!”

Regardless of whether the fine was enough, injured patients may be able to receive compensation for their injuries when wrong-site surgeries occur. Damages may include lost wages, medical bills, pain and suffering and more. Every case is different, so consult with a Rhode Island personal injury attorney to discuss your situation and analyze your options.