Allina surgeon removed woman's healthy kidney instead of her spleen, lawsuit alleges
A Twin Cities woman is suing over an alleged medical mistake that she says 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. Allina says the court filings "don't accurately reflect the full picture" and intends to fight the suit in court.
Rappaport was admitted to Abbott Northwestern in March 2022 and was scheduled for a spleen removal surgery, the lawsuit says. After the doctor recommended the surgery, the suit says he reviewed the risk of procedure with her.
The lawsuit says 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, according to the lawsuit.
The lawsuit claims the doctor committed medical malpractice and 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 owed 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 identify 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.
In a statement Tuesday afternoon, Rappaport's lawyers said:
The Schmidt and Salita Law Team represents Wendy Rappaport for injuries she suffered as a result of the negligent and unnecessary removal of her left kidney. 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, and she requires specific medical treatment to maintain her ongoing kidney function. This was not the case for Ms. Rappaport prior to the unnecessary kidney removal. On 5/16/2025, we commenced the lawsuit on Ms. Rappaport's behalf seeking fair compensation for her injuries and the future damages she will incur due to the Defendant's medical malpractice and medical battery. The removal of the incorrect organ has and will continue to have a profound and unnecessary impact on her life and health.
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