When a doctor removes the wrong organ during surgery, it is one of the most catastrophic, and legally clear-cut, forms of medical malpractice. Wrong-organ removal is a “never event”: a medical error so serious that it should never occur under any circumstances when proper surgical protocols are followed.
A case out of Florida drew national attention in 2024 and illustrates exactly what can happen when surgical safeguards fail.
The William Bryan Case: A Surgeon Removed the Wrong Organ
William Bryan, a 70-year-old man, was admitted to Ascension Sacred Heart Emerald Coast Hospital in Walton County, Florida, for a procedure to remove his spleen. On August 18, 2024, surgeons removed an organ from his body, but it was not his spleen. It was his liver.
A pathologist identified the error after surgery when tissue labeled “spleen” turned out to be liver tissue. An autopsy later confirmed that Bryan’s liver was gone, while his spleen remained in his body, still carrying the cyst it had been scheduled to treat, which his family’s attorneys described as “very treatable.”
Bryan died as a result of the procedure. His family filed a medical malpractice lawsuit against the hospital.
His wife, Beverly Bryan, described the error as “unnecessary and brutal.” She said of her husband: “He brought joy to every life that he ever touched. He was the best husband and father that I could have possibly asked for.”
How Does a Surgeon Remove the Wrong Organ?
Wrong-organ and wrong-site surgeries are classified as “never events”, errors that are entirely preventable through proper pre-surgical checklists, patient identification protocols, and intraoperative verification. The Joint Commission and major surgical associations require specific safeguards before any procedure begins, including a formal “time-out” in which the surgical team confirms the patient’s identity, the correct procedure, and the correct surgical site.
When those protocols break down, whether due to a failure of communication, a labeling error, poor imaging review, or a breakdown in team coordination, patients can be catastrophically harmed.
In the Bryan case, the question is not just how the organ was misidentified, but why the standard verification steps did not catch the error before it became irreversible.
Wrong Organ Removal as Surgical Malpractice in New York
Under New York medical malpractice law, removing the wrong organ is a deviation from the accepted standard of care. It is the type of error that, in legal terms, speaks for itself, courts apply the doctrine of res ipsa loquitur in cases where the harm could not have occurred absent negligence, and the defendant had exclusive control over the circumstances that led to it.
For a wrong-organ removal case in New York, a patient or their family would typically need to show:
- A surgeon or surgical team removed an organ that was not the intended target of the procedure
- The removal caused injury, complications, or death
- The error resulted from a failure to meet the standard of care, including failure to follow pre-surgical verification protocols
The standard of care does not require perfection. It requires that surgeons and hospitals follow the established safety protocols that exist specifically to prevent this type of error. When those protocols are bypassed or ignored, liability follows.
Who Can Be Held Liable When the Wrong Organ Is Removed?
Wrong-organ cases often involve liability at multiple levels:
The operating surgeon bears primary responsibility for correctly identifying the surgical site and the organ to be removed. Surgeons are required to review imaging, confirm the diagnosis, and conduct the pre-surgical time-out.
The hospital can be held liable for institutional failures, inadequate protocols, insufficient training, or systemic breakdowns in how surgical teams communicate. In New York, hospitals have independent duties to maintain safe surgical environments.
The surgical team, including nurses and scrub technicians, shares responsibility for the time-out process. Every member of the operating team is expected to speak up if something does not appear correct.
In some cases, a radiologist or pathologist whose misidentification of imaging or tissue contributed to the error may also bear liability.
Your Rights as a New York Medical Malpractice Victim
If a wrong-organ removal or other surgical error has harmed you or a family member in New York, you have the right to bring a lawsuit for compensation. That compensation can cover:
- Past and future medical expenses, including corrective surgeries and ongoing care
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- In cases involving death, wrongful death damages for surviving family members, including lost financial support and funeral costs
The statute of limitations for medical malpractice in New York is 2.5 years from the date of the malpractice. For wrongful death cases, the deadline is two years from the date of death. These deadlines are strict, missing them ends your right to pursue a claim permanently.
If the surgery took place at a New York City public hospital, you may also be required to file a Notice of Claim within 90 days. An attorney can confirm which rules apply to your specific situation.
If a Family Member Died After a Surgeon Removed the Wrong Organ
Surviving family members of a patient who died as a result of a wrong-organ removal, or any fatal surgical malpractice, may bring a wrongful death claim in New York. The personal representative of the estate files the lawsuit, and damages are distributed to eligible family members including spouses, children, and sometimes parents.
These are among the most serious cases in medical malpractice law, and they require prompt action. Evidence needs to be preserved, experts need to review records, and the legal clock starts running from the date of death.
Speak With a New York City Medical Malpractice Attorney
Wrong-organ and wrong-site surgeries should not happen. When they do, someone failed, and the patient and their family deserve accountability.
Michael Gunzburg, P.C. has handled medical malpractice cases in New York for 39 years, including surgical error cases, hospital malpractice claims, and wrongful death lawsuits arising from preventable surgical mistakes. Every case is handled on contingency, no fees unless there is a recovery.
Do I Have a Case?, Use the free case evaluation tool, or call (212) 725-8500 for a free consultation. There is no obligation and everything discussed is confidential.
