Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Surgery on wrong side of woman’s brain leads to lawsuit

A lawsuit has been filed against SSM Health Care–St. Louis and a neurosurgeon for medical malpractice by the family of a 53–year–old woman. The suit alleges that a neurosurgeon employed by the hospital operated on the wrong side of the woman’s brain, causing her to lose her ability to speak intelligibly.

The woman was to undergo a left–sided craniotomy bypass, but according to the lawsuit, the neurosurgeon performed the surgery on the right side of her brain. The initial surgery was to prevent strokes. When the error was identified, the woman had to undergo a second brain surgery six days later.

The lawsuit alleges that carelessness and negligence by the neurosurgeon and the hospital were the causes of the wrong–sided surgery. The suit claims that the operating room was not set up correctly, and the other employees on the operating team did not stop the neurosurgeon from performing the surgery on the wrong side of the woman’s brain

The lawsuit, which was filed in the Clayton Circuit Court in St. Louis County, seeks unspecified damages, including compensation for disfigurement, emotional distress and future medical costs. The suit is also seeking punitive damages due to “complete indifference or conscious disregard” for the woman’s safety. The woman will require 24-hour care from now on, according to court filings.

Officials from the hospital declined to comment on the lawsuit, saying only that the neurosurgeon is an employee.

When medical malpractice, hospital negligence and doctors’ errors result in injuries, the victim and their families have recourse through civil actions such as the one listed above. Financial compensation can be awarded for pain and suffering, permanent disability, loss of wages, disfigurement and even wrongful death. An experienced attorney can help victims and their families through this process and help them receive the compensation they deserve.

Source:, “Lawsuit accuses surgeon of operating on wrong side of woman’s brain,” Jim Doyle, April 30, 2013

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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