A US woman is suing a surgeon and a hospital after a medical mistake that cost her a healthy left kidney, with Wendy Rappaport accusing the doctor and the Allina Health system of medical malpractice and battery.
However, Allina told CBS the court filings “don’t accurately reflect the full picture” and intends to fight the suit in court.
Rappaport was admitted to Abbott Northwestern in March 2022 and was scheduled for a spleen removal surgery. After the doctor recommended the surgery, the suit says he had reviewed the risk of procedure with her.
However, while performing an open laparotomy procedure, Rappaport’s “left kidney was removed instead of her spleen”, the lawsuit said.
In a post-operative note, the doctor said he removed an intact spleen, but a post-operative CT scan showed her left kidney had been removed, and the spleen tissue was still present, the lawsuit says.
Before the surgery, a CT scan showed that Rappaport’s kidneys were “unremarkable”, with “no suspicious masses, stones, or hydronephrosis”.
Rappaport stayed in the hospital until 25 May, due to complications after the kidney removal, and now also requires continued treatment, including dialysis, according to the lawsuit, which claims the doctor breached the duty of care he owed Rappaport and causing permanent, irreversible injury.
The Allina health system also faces similar allegations, as the medical professionals involved in the surgery also owed her a duty of care, the documents say.
Rappaport is seeking at least $50 000 in the case.
An affidavit filed by an Iowa City doctor says the surgeon “deviated from the applicable standard of medical care owed to Rappaport”, and that failing to identify the left kidney during the procedure “was a medical mistake”, and “one that does not occur in the absence of negligence”.
Allina Health said it intends “to vigorously defend, in court, the care that was provided”.
Rappaport’s lawyers said their client “suffers not only the loss of her left kidney but also permanent kidney impairment, requiring specific medical treatment to maintain her ongoing kidney function”.
“The removal of the incorrect organ has and will continue to have a profound and unnecessary impact on her life and health.”
See more from MedicalBrief archives:
Surgeon, hospital sued after wrong organ removed
Operating team describes spleen surgery gone horribly wrong