Illinois’ same-day surgery centers are a medical malpractice lawsuit waiting to happen

We at Romanucci & Blandin were shocked to read in the Chicago Sun-Times that two-thirds of the state’s same-day surgery centers inspected this past year were cited for violations that could expose patients to deadly bacteria and viruses.

Dangling masks, exposed hair and sinks with no hot water to clean medical instruments were among numerous situations recorded by inspectors at 14 of 21 centers that were inspected. All of the centers cited have subsequently corrected their problems, say state health officials. Thirty-six surgical centers still haven’t been inspected since Illinois enacted a tougher new approach in 2008.

It’s a concern because same-day surgery centers are growing in number. The lower cost for some procedures compared to hospitals is a primary reason. But turnaround times between surgeries are often shorter, and that can lead to carelessness. Among the situations that Illinois inspectors found were multi-dose vials of medication that were unlabeled, failure to ensure proper sterilizer testing and contaminated instruments placed on a table next to clean instruments. In one instance, state regulators closed down an eye surgery center for 45 minutes to remove unsafe instruments from use.

Illinois state regulators are continuing to crack down since a 2008 hepatitis C outbreak in Las Vegas that was thought to have been caused by unsafe practices. The Sun-Times article, written by an Associated Press reporter, noted that a surgical center nurse, who has many other duties, often heads up infection control. At hospitals, there is typically one person in charge of infection control.

It is recommended that a person using a surgical center check that the center is accredited. They can also contact the Illinois Department of Public Health to see whether any violations have been reported. Another option is to ask a nurse for their opinion about a specific center.

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