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Outpatient Surgery E-Weekly

Contact Congress Over Drug Shortage Issues

A Kentucky congressman is urging surgical facilities to contact their members of Congress and request that they sign his letter demanding changes to...

N.J. Posts ASC Inspection Reports Online

State and federal inspection reports of New Jersey's ASCs are now available online, giving patients an opportunity to make more informed choices abo...

Are Opioids Necessary?

While it's not always practical, or even possible, to eliminate opioids from your post-op pain management regiment, reducing their use in favor of n...

Archive > July, 2005 Vol. VI, No. 7

Legal Update

The Right Ways to Prevent Wrong-site Surgery

James W. Saxton, Esq.

James W. Saxton, Esq. If a patient files a claim when a physician operates on the wrong body part or patient, or performs the wrong operation, chances are you're going to pay up. One report shows that, while wrong-site surgeries account for only 2 percent of all orthopedic claims, 84 percent of those claims result in monetary settlement. And wrong-site surgery doesn't just create direct liability for the surgeon - OR staff could be held liable, too. Here's how to reduce the legal risks of wrong-site surgery.

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Categories: Legal/Regulatory, Malpractice
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A new standard; Reviewing the risks; Lessening the liability; Making a mark; Auditing; Center; Checklists; International Center; Involving; JCAHO's International Center; JCAHO's Universal Protocol; Lack; Lessening; Making; Protocol; Surveys; Taking; Universal Protocol; accepted; accomplish; account; actions; addition; adequate; adhesive; adjunct; adopt; advantage; affix; affixed; anesthesia; began; beginning; body; breach; breached; builds; care; caused; chances; chart; charts; claim; claims; communication; community; compensation; consent; context; contributes; corporate; correct; correspondi... show all keywords
A new standard; Reviewing the risks; Lessening the liability; Making a mark; Auditing; Center; Checklists; International Center; Involving; JCAHO's International Center; JCAHO's Universal Protocol; Lack; Lessening; Making; Protocol; Surveys; Taking; Universal Protocol; accepted; accomplish; account; actions; addition; adequate; adhesive; adjunct; adopt; advantage; affix; affixed; anesthesia; began; beginning; body; breach; breached; builds; care; caused; chances; chart; charts; claim; claims; communication; community; compensation; consent; context; contributes; corporate; correct; correspondingly; create; deeper; demonstrate; depositions; direct; directly; document; documentation; duties; duty; effects; employees; endorsed; enforce; ensure; established; establishes; evidence; expect; facility; files; finger; follow; form; frequency; generally; good; guidelines; healthcare; held; hospitals; identified; identify; identifying; immediately; implementation; incision; increasing; industry-standard; information; informed; ink; insertion; involved; label; labeling; labels; lawsuit; lawyers; legal; liability; longer; major; managers; mark; marker; marking; markings; medical; mentioned; monetary; negligence; no-tolerance; numbered; nurse; operates; operating; operative; organizations; orthopedic; outlined; owe; part; patient; patients; pay; pen; percent; performs; permit; physician; place; plaintiff; pockets; policies; position; posted; prep; prepped; procedure; procedure-specific; products; protocol; prove; provider; quality; recognize; reconcile; reduce; redundancy; report; reported; require; result; retrospect; risk; risk-reduction; risks; rules; safety; sample; severity; shows; signed; significant; site; space; staff; staffers; stance; standard; states; stopped; sue; surgeon; surgeries; surgery; surgical; surveying; task; testifying; theory; three-step; time; time-out; tips; unambiguously; uniquely; verbalize; verify; ways; witness; witnesses; write; wrong; wrong-site

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