by Minnesota Hospital Responds to Lawsuit Over Botched Surgery That Removed Wrong Organ
A Minnesota hospital says a patient’s lawsuit doesn’t “accurately reflect the full picture” after a surgeon mistakenly removed her kidney instead of her spleen during surgery in 2022.
Wendy Rappaport filed the lawsuit on May 7 in Hennepin County civil court, accusing surgeon Devon Callahan and Allina Health System of medical malpractice and battery related to the botched procedure.
According to Rappaport, she was admitted to Abbott Northwestern Hospital on March 24, 2022, for treatment of a spleen abscess. The next day, a CT scan revealed her spleen was “well-perfused,” meaning it was receiving enough blood flow.
Rappaport was scheduled for spleen removal surgery on March 28, 2022. Prior to the operation, she discussed the risks with a physician and her daughter, and then again with surgeon Callahan immediately before the procedure. The surgery was performed as an open laparotomy, but instead of removing her spleen, Callahan removed her left kidney.
A follow-up CT scan on the day of surgery showed the kidney was removed, but her infected spleen remained. Interestingly, surgical notes from Callahan claimed the spleen had been removed and described the kidneys as “unremarkable.”
The complaint includes an affidavit from another physician, Samuel Isaac, who stated that an intact spleen was still present after surgery. He also reported that Callahan apologized to Rappaport’s daughters, admitting the kidney removal was unintentional and answered their questions in detail.
Rappaport stayed hospitalized until May 25, 2022, due to complications. She has since been diagnosed with Stage 5 kidney disease, requiring specialized treatments like dialysis, all stemming from the accidental kidney removal.
Isaac’s affidavit states that Callahan deviated from the standard of care and that removing a kidney during a spleen operation is a “Never Event” — a preventable medical error indicating negligence directly responsible for Rappaport’s injuries.
The lawsuit seeks damages exceeding $50,000 for medical malpractice and battery.
In response, Allina Health told Law&Crime that they intend to defend the case vigorously, arguing that court documents don’t tell the full story and that the medical care was life-saving. Due to privacy laws, they declined to provide specific details.
Aaron Lawrence, Rappaport’s attorney, said, “Ms. Rappaport’s injuries are the direct result of the negligent and unnecessary removal of her left kidney. The defendants were supposed to remove a sick spleen but removed the wrong organ instead. She now faces permanent kidney impairment and ongoing medical treatments that she never needed before.”
As hospitals across the country, including in states like Wyoming, evaluate patient safety protocols, this case highlights the critical importance of accurate surgical procedures and accountability in healthcare.
