An Ohio woman is suing a hospital for allegedly amputating the wrong leg during a scheduled operation, a shocking case of surgical error that has left her a double amputee. Sharon Jacks, 74, of Meigs County, claims that she went to Selby General Hospital in September 2025 for a planned below-the-knee amputation of her right leg, but doctors instead removed her left leg.
The lawsuit, filed earlier this month in Washington County Court in Marietta, where the hospital is based, accuses the hospital and several medical professionals of gross negligence, battery, and reckless conduct. Jacks, an Army veteran, had to undergo a second amputation of her correct leg four months later at another Ohio hospital, according to her attorney, Brad Layne.
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Details of the Wrong Leg Amputation Lawsuit
According to the 32-page complaint, Jacks suffered "physical injury, permanent disability, pain and suffering, emotional distress, humiliation, loss of enjoyment of life, medical expenses and other damages." The lawsuit names nine defendants, including the hospital, Jacks' medical and surgical teams. The complaint alleges that the defendants "acted willfully, wantonly, recklessly, maliciously, and with conscious disregard for the substantial certainty of catastrophic injury."
The amputation of Jacks' lower right leg was recommended as part of a treatment plan for squamous cell carcinoma, a type of skin cancer. The surgery was meant to remove the cancerous tissue, but the wrong leg was amputated instead.
Legal Implications of Surgical Errors
Surgical errors like wrong-site surgery are considered "never events"—serious medical errors that should never happen. When they do, victims may have grounds for a medical malpractice lawsuit. In Ohio, medical malpractice claims must be filed within one year of the date the injury was discovered, or within one year of the last treatment related to the injury.
To prove medical malpractice, the plaintiff must show that the healthcare provider breached the standard of care and that this breach caused harm. In cases of wrong-site surgery, the breach is often clear-cut, as hospitals have protocols to prevent such errors, including marking the surgical site and taking a timeout before surgery.
Comparing Surgical Error Types and Outcomes
| Type of Surgical Error | Description | Potential Consequences |
|---|---|---|
| Wrong-site surgery | Operating on the wrong part of the body | Permanent disability, need for additional surgery, emotional trauma |
| Wrong-patient surgery | Operating on the wrong patient | Unnecessary procedures, potential harm, psychological impact |
| Wrong-procedure surgery | Performing the wrong operation | Delayed treatment, complications, additional surgeries |
Key Takeaways for Patients
- Always confirm the surgical site with your medical team before surgery.
- Ask about the hospital's protocols for preventing wrong-site surgery.
- If you suspect a surgical error, consult a medical malpractice attorney promptly.
- Keep detailed records of all medical treatments and communications.
- Understand your rights and the statute of limitations for filing a claim.
FAQ
What should I do if I suspect a surgical error?
What should I do if I suspect a surgical error?
If you suspect a surgical error, seek immediate medical attention if needed, document everything, and contact a medical malpractice attorney as soon as possible. They can help you understand your legal options and file a claim within the statute of limitations.
How long do I have to file a medical malpractice lawsuit in Ohio?
In Ohio, the statute of limitations for medical malpractice is generally one year from the date the injury was discovered or should have been discovered, but no more than four years from the date of the incident. However, there are exceptions, so it's best to consult an attorney.
What damages can I recover in a surgical error lawsuit?
Damages may include medical expenses, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and in cases of gross negligence, punitive damages. An attorney can help you determine the full extent of your damages.
If you or a loved one has been a victim of a surgical error, it's crucial to seek legal advice. An experienced medical malpractice attorney can help you navigate the complex legal process and fight for the compensation you deserve.
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