Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Surgical errors are among the most serious forms of medical negligence. One of the most shocking examples is when a healthy organ is removed by mistake. In a high-profile Florida case, a surgeon mistakenly took out a woman’s healthy kidney during what was meant to be a routine back surgery. These kinds of incidents are not just rare—they’re devastating.
If you or a loved one has experienced a similar situation, understanding how and why these mistakes happen—and what your legal rights are—can make all the difference.
Wrong-site surgery is a medical error where a procedure is performed on the wrong body part, the wrong side of the body, or even the incorrect patient. While hospitals have protocols to prevent this, errors still happen. These include wrong-limb amputations, incorrect spinal surgeries, and, in this case, the removal of a healthy kidney.
Wrong-site surgery is classified as a ‘never event’ by the Joint Commission—meaning it should never happen if proper protocols are followed.
This type of mistake often results from poor communication, failure to verify patient records, or not following the standard “time-out” procedure before surgery.
In legal terms, medical malpractice occurs when a healthcare provider breaches their duty of care and harms a patient as a result. For surgical errors, this often means failing to meet the expected standard of medical care.
To bring a malpractice claim in Oklahoma, four elements must be proven:
Removing the wrong kidney is not just a mistake—it’s a clear breach of duty with serious consequences. Patients lose organ function, face long-term health complications, and often require additional surgeries.
In Oklahoma, the statute of limitations for medical malpractice claims is two years from the date of injury or when the injury is discovered, whichever is later. (Oklahoma Statutes Title 76 § 18)
The widely reported incident involved a woman in her early 50s who entered a hospital in Palm Beach, Florida, for routine spinal surgery following a car accident. During the procedure, a surgeon mistook her healthy kidney for a tumor and removed it. It later came to light that the surgeon wasn’t even the one originally scheduled to operate. He had been asked to make the initial incision.
Just 1.7% of physicians are responsible for 27.5% of all malpractice payouts in the U.S., according to the Civil Justice Resource Group.
This case led to an administrative complaint by the Florida Department of Health. The doctor faced potential fines, license suspension, and disciplinary action.
In Oklahoma, patients have legal rights when harmed by preventable medical errors. Key laws include:
According to a study published in JAMA Surgery, wrong-site surgeries occur in approximately 1 out of every 112,000 procedures—though experts believe the actual number is higher due to underreporting.
If you believe a medical error led to unnecessary organ removal or similar harm, there are essential steps to take.
Consulting a medical malpractice lawyer early can help preserve evidence and protect your rights. In many cases, patients can recover compensation for:
Cause of Surgical Error | Prevention Strategy |
| Miscommunication between surgical team | Surgical safety checklist (WHO) |
| Inaccurate medical records | Pre-op verification and double checks |
| Operating on wrong patient or site | “Time out” protocol before incision |
| Inadequate supervision or training | Staff credentialing and peer reviews |
| Fatigue or distractions | Shift scheduling, limiting distractions |
Seek immediate medical review and request complete copies of your records. Then, speak with a medical malpractice attorney to understand your options.
Yes. If the surgeon breached the standard of care and caused harm, you may be able to file a claim under Oklahoma law.
You typically have two years from the date of the error or when it was discovered. However, exceptions may apply in complex cases.
These cases often rely on expert medical testimony. Mistaken organ removal may provide substantial grounds for a claim, especially when protocols are ignored.
Compensation may include medical costs, lost income, future treatment, pain and suffering, and loss of quality of life.
Multiple parties can be held liable, including hospitals, doctors, and supervising staff, depending on the facts of the case.
Surgical mistakes like the removal of the wrong kidney are catastrophic but preventable. For victims, the road to recovery often involves more than just physical healing—it means fighting for accountability and the resources needed to move forward.
If you’ve experienced a medical error or suspect malpractice, don’t wait to get answers. Graves McLain Injury Lawyers in Tulsa has experience handling complex surgical malpractice claims and helping families hold negligent providers accountable. You deserve clarity, care, and compensation when the medical system fails you.
Please make an appointment for a free consultation with Graves McLain Injury Lawyers right now to find out how they can support your future.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
