A Twin Cities woman is suing over an alleged medical mistake that cost her a healthy left kidney.
In a lawsuit filed Friday, Wendy Rappaport of Plymouth accuses the surgeon and the Allina hospital system of medical malpractice and battery.
She alleges that she was admitted to Abbott Northwestern in March 2022 and was scheduled for a spleen removal surgery. After the doctor recommended the surgery, the lawsuit says he reviewed the risk of procedure with her.
Documents say that the doctor performed an open laparotomy procedure, during which Rappaport's "left kidney was removed instead of her spleen." In a post-operative note, the doctor said he removed an intact spleen during the surgery, 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. No suspicious masses, stones, or hydronephrosis," according to the lawsuit. Rappaport did not consent to the removal of her left kidney, documents state.
She stayed in the hospital until May 25, 2022 due to complications following the removal of the kidney, the suit says. She also now requires continued treatment, including dialysis.
The surgeon faces one count of medical malpractice and one count of medical battery. The lawsuit accuses him of breaching his 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 owned her a duty of care, documents say.
Rappaport is seeking at least $50,000 in the case.
An affidavit filed by an Iowa City doctor says that the Allina surgeon "deviated from the applicable standard of medical care owed to Ms. Rappaport."
Failing to identity the left kidney during the procedure "was a medical mistake" and "one that does not occur in the absence of negligence," he writes.
"Allina Health is aware of the lawsuit and has had the case reviewed by medical experts. While we will not discuss details of a patient's care due to privacy laws, the court filings don't accurately reflect the full picture of the patient's condition or the life-saving medical care provided. We intend to vigorously defend, in court, the care that was provided," Allina Health said in a statement.
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