A Twin Cities woman has filed a lawsuit alleging medical malpractice and battery, claiming her surgeon mistakenly removed a healthy kidney instead of her spleen during routine surgery. Wendy Rappaport, of Plymouth, filed the suit last week, naming the Allina Health hospital system, surgeon Dr. Devon Callahan, and Allina Health Surgical Specialists as defendants.

In March 2022, Rappaport was admitted to Abbott Northwestern Hospital in Minneapolis. Dr. Callahan had recommended the removal of her spleen due to ongoing health issues. Prior to surgery, Dr. Callahan discussed the procedure and its associated risks, specifically addressing the planned removal of her infected spleen.

However, during the open laparotomy procedure, Rappaport alleges Dr. Callahan mistakenly removed her healthy left kidney instead of her spleen, yet documented in medical records that an intact spleen had been successfully removed. A subsequent CT scan revealed the error, showing her left kidney had indeed been removed and her spleen tissue remained intact.

The lawsuit emphasizes that pre-operative CT scans indicated both of Rappaport's kidneys were healthy, describing them as "unremarkable" and free of any abnormalities such as suspicious masses, stones, or hydronephrosis. Furthermore, Rappaport contends she never consented to the removal of her kidney.

In her medical malpractice claim, Rappaport asserts that Dr. Callahan breached the standard of care, directly causing permanent and irreversible injury. The lawsuit also accuses other medical professionals involved in the operation and the Allina Health system of negligence.

An affidavit from an Iowa City doctor supporting Rappaport's allegations stated that the surgeon "deviated from the applicable standard of medical care owed to Ms. Rappaport." The affidavit further noted that failing to identify and preserve the left kidney constituted "a medical mistake" and one that "does not occur in the absence of negligence."

Rappaport is represented by the Schmidt and Salita Law Team. In a statement following the lawsuit filing, the firm explained, "The Defendants were supposed to remove a 'sick' spleen, but removed the incorrect organ. As a result, Ms. Rappaport suffers not only the loss of her left kidney but also permanent kidney impairment, necessitating ongoing specialized medical treatment to sustain her remaining kidney function."

In response, Allina Health issued its own statement acknowledging the lawsuit and noting it had already sought expert medical review. The statement asserted, in part, "While we will not discuss details of a patient's care due to privacy laws, the court filings do not 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."