An Ohio medical malpractice lawsuit is drawing national attention after a 74-year-old woman alleged that surgeons amputated the wrong leg during a scheduled procedure.
Sharon Jacks of Meigs County went to Selby General Hospital in September 2025 for a planned below-the-knee amputation of her right leg. Her lawsuit alleges that surgeons amputated her left leg instead. Four months later, she underwent the originally intended right-leg amputation, leaving her a double amputee.
The lawsuit names the hospital and members of the medical and surgical teams and alleges gross negligence, battery, and reckless conduct. The hospital has publicly described the incident as avoidable and said its expected operating room procedures were not followed.
The case remains pending, but it highlights a broader patient-safety issue that can become the basis of an Ohio medical malpractice claim: wrong-site surgery.
At Paulozzi, Alkire & Condeni, our Ohio medical malpractice lawyers represent people injured by serious medical errors throughout the state.
What Happened in the Sharon Jacks Wrong-Leg Amputation Case?
Jacks underwent surgery at Selby General Hospital in Marietta, Ohio, after doctors recommended a below-the-knee amputation of her right leg as part of treatment for cancer. The complaint alleges that the right leg was correctly identified and marked before surgery and that two safety time-outs were documented during the procedure. Despite those safeguards, the lawsuit alleges that the surgical team amputated Jacks’ left leg instead. Jacks later underwent the originally planned right-leg amputation, leaving her with bilateral below-the-knee amputations. The lawsuit alleges that she suffered permanent disability, physical pain, emotional distress, humiliation, loss of enjoyment of life, medical expenses, and other damages.What Is Wrong-Site Surgery?
Wrong-site surgery occurs when a medical procedure is performed on the wrong part of a patient’s body. Examples can include:- Operating on the wrong arm or leg
- Performing surgery on the wrong side of the body
- Removing the wrong organ
- Operating at the wrong spinal level
- Performing the wrong procedure
- Performing a procedure on the wrong patient
What Safety Procedures Are Supposed to Prevent Wrong-Site Surgery?
Modern surgical safety protocols are designed to create multiple opportunities to confirm that the correct procedure is being performed on the correct patient and at the correct location. Common safeguards can include:- Verifying the patient’s identity
- Confirming the planned procedure
- Reviewing the consent form
- Marking the surgical site
- Confirming the correct side of the body
- Reviewing relevant medical records and imaging
- Conducting a final surgical time-out
- Requiring active participation from the surgical team
Ohio Wrong-Site Surgery Guide
6 Safety Checks That Help Prevent Wrong-Site Surgery
Surgical teams use multiple verification steps to confirm the correct patient, procedure, and surgical site before an operation begins.
1
Confirm the Patient
The surgical team should verify that the procedure is being performed on the correct patient.
2
Confirm the Procedure
The planned operation should match the physician’s orders, medical records, and patient’s consent.
3
Mark the Correct Surgical Site
Site marking can help distinguish the correct side or location when more than one possible surgical site exists.
4
Review Medical Records and Imaging
Relevant records and imaging should be consistent with the planned procedure and surgical site.
5
Conduct the Surgical Time-Out
Immediately before the procedure, the surgical team should collectively verify the patient, procedure, and site.
6
Require Team Agreement
Team members should actively participate in verification and resolve inconsistencies before an irreversible procedure begins.
Can Wrong-Site Surgery Be Medical Malpractice in Ohio?
Potentially. An Ohio medical malpractice claim generally requires evaluating whether a medical provider failed to meet the applicable standard of care and whether that failure caused injury. Wrong-site surgery can raise questions involving several people or systems, including:- The surgeon
- Nurses
- Anesthesia personnel
- Operating room staff
- The hospital
- Preoperative staff
- Medical record procedures
- Surgical-site verification systems
Why the Surgical Time-Out Matters
A surgical time-out is not supposed to be a formality. It is intended to provide a final opportunity for the entire team to verify crucial information before an irreversible procedure begins. Questions may include:- Is this the correct patient?
- What procedure is being performed?
- What body part is involved?
- Is the correct side marked?
- Does the consent match the planned surgery?
- Does everyone in the room agree?
What Evidence May Be Important in a Wrong-Site Surgery Claim?
Medical malpractice cases often depend heavily on documentation. Potential evidence may include:- Surgical consent forms
- Preoperative records
- Site-marking documentation
- Operating room notes
- Surgical time-out records
- Nursing notes
- Anesthesia records
- Medical imaging
- Physician orders
- Internal incident reports
- Hospital safety policies
- Staffing records
- Communications between medical providers
- Expert medical testimony
Who May Be Responsible for a Wrong-Site Surgery?
There may be more than one potentially responsible party. Depending on the circumstances, an investigation may consider:- The operating surgeon
- Other physicians participating in the procedure
- Nurses
- Surgical technicians
- Anesthesia staff
- The hospital
- Medical practices employing or supervising providers
- Other entities involved in coordinating the care
What Damages Can Result From a Wrong-Leg Amputation?
The effects of an unnecessary amputation can extend far beyond the initial hospitalization. Potential losses can include:- Additional medical treatment
- Rehabilitation
- Prosthetics
- Wheelchairs and mobility equipment
- Home modifications
- Vehicle modifications
- In-home assistance
- Lost income
- Reduced earning capacity
- Future medical expenses
- Pain and suffering
- Emotional distress
- Loss of independence
- Loss of enjoyment of life
- Disfigurement
- Permanent disability
Does Ohio Cap Medical Malpractice Damages?
Ohio law treats economic and noneconomic damages differently in medical claims. Under Ohio Revised Code § 2323.43, economic damages in a medical malpractice action are not subject to the statutory noneconomic-damages cap. Economic losses can include wages and other compensation, medical treatment, rehabilitation, care, products, services, and other expenditures resulting from the injury. Noneconomic damages generally are subject to statutory limits. For many medical claims, Ohio law limits noneconomic damages to the greater of $250,000 or three times the plaintiff’s economic loss, subject to statutory maximums and exceptions for certain catastrophic injuries. Ohio law provides higher limits for certain catastrophic injuries, including:- Permanent and substantial physical deformity
- Loss of use of a limb
- Loss of a bodily organ system
- Certain permanent functional injuries that prevent independent self-care
Could Punitive Damages Be Available?
Punitive damages are different from compensation for medical expenses, disability, lost income, or pain and suffering. They are intended to address particularly serious conduct and are not available in every malpractice case. Ohio Revised Code § 2315.21 generally requires proof of conduct involving malice or aggravated or egregious fraud, or certain knowing authorization or ratification by a principal, before punitive damages may be recovered. The Jacks lawsuit seeks punitive damages and alleges reckless and other aggravated conduct. Those allegations have not been adjudicated, and whether punitive damages are ultimately available will depend on the evidence and legal rulings in the case.How Long Do You Have to File a Medical Malpractice Claim in Ohio?
Ohio medical malpractice cases generally have a shorter filing period than ordinary personal injury claims. Under Ohio Revised Code § 2305.113, a medical claim generally must be commenced within one year after the cause of action accrues. Ohio law also allows a potential claimant, in certain circumstances, to provide written notice before the one-year period expires. When the statutory requirements are satisfied, the action may then be filed within 180 days after that notice is given. Ohio also generally has a four-year statute of repose for medical claims, subject to statutory exceptions. Because medical malpractice deadlines can depend on when the injury was discovered, when the physician-patient relationship ended, notice requirements, and other circumstances, waiting to investigate a possible claim can create significant risk.What Should a Patient Do After Suspected Wrong-Site Surgery?
A patient facing a serious surgical error may need to focus first on immediate medical treatment. From an evidence standpoint, useful steps may also include:- Requesting complete medical records
- Keeping copies of consent forms and discharge paperwork
- Preserving photographs of the injury
- Documenting conversations with providers
- Keeping records of additional medical treatment
- Tracking rehabilitation and prosthetic expenses
- Documenting lost work and other financial consequences
- Keeping records of home or vehicle modifications
- Avoiding signing releases without understanding their effect
- Investigating potential legal claims before deadlines expire





