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As a US surgeon, it is hard to imagine how this could take place without gross negligence being involved. As mentioned above, we are required in most hospitals to mark the site of the surgery with the surgeons initials....and it has to be done by the surgeon, not a nurse or tech. Once we arrive to the OR, we have "time out" before proceeding, verifying the patient, type of surgery, antibiotics given, etc. They are classified as "never events" here in the states, and if it occurred, it's basically a blank check for the aggrieved party.
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