While every case is unique, you would be hard-pressed to find a case of wrong-site surgery that was not considered medical malpractice. That said, victims need to review their situation with a qualified lawyer.
Medical malpractice refers to a failure to perform up to accepted medical standards, and patients should reasonably expect doctors to perform the correct procedure.
That said, you still have the burden of proof. You must establish that doctors performed the wrong procedure, and this directly resulted in your injuries.
You must also prove the doctor’s actions did not meet the standard of care. The standard of care in medical malpractice cases is the expected level of care and skill a healthcare professional with a similar background would provide in similar circumstances. Your lawyer could support your claim with evidence of poor pre-operation planning or miscommunication between doctors and medical staff.