If I had 4 cortisone injections done on the wrong side, is there any recourse?

After the procedure was done the doctor leaned over and said to me, “Were you having the left side done today?” I said no. She said, “Were you coming back to have the left side done?” I said no. She said, “I guess you’re getting 2 for 1 today because I did the left side. We’ll go ahead and do the right”. I couldn’t believe it. There were 3 RN’s and the fluro tech in the room. None of them spoke up to say she was doing the wrong side. They started the procedure by saying my name, we’ll be doing the right side 4 injections. The doctor admits she heard them say the right side.

Asked on November 28, 2011 under Malpractice Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Were you injured by having the injections done on the wrong side? That is, did it cause you significant pain or disability, damage you physically, or impair your qualify of life? Did you miss work due to the wrong injections? Have you incurred additional medical costs to counter the effects of the wrong injections? If you were injured or damaged, you can sue for malpractice--from what you describe, it sounds like malpractice, or careless or bad medical practice,  was committed.

However, without some injury or cost, there is no point in suing: even when there is malpractice, you can only recover an amount of money related to the extent of your injuries or costs.


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