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Ohio Woman Sues Hospital After Alleged Wrong-Leg Amputation: What the Case Shows About Medical Malpractice Claims

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
The Joint Commission classifies surgery or another invasive procedure performed at the wrong site, on the wrong patient, or involving the wrong procedure as a sentinel event. Its guidance specifically recognizes wrong laterality, such as operating on the left side instead of the right, as a wrong-site event. Wrong-site surgery is also often described as a “never event” because established safety systems are designed to prevent it.

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
The Joint Commission’s Universal Protocol is built around preventing wrong-person, wrong-site, and wrong-procedure surgery. A final time-out is intended to occur immediately before the procedure begins and involve the immediate members of the surgical team. Site marking is also required in circumstances where more than one possible location exists and operating at the wrong site could affect patient safety. The Jacks lawsuit is notable because the complaint alleges that the correct leg had already been identified before surgery and that two safety time-outs occurred, yet the wrong leg was still amputated. 
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.
Paulozzi, Alkire & Condeni
 

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
Determining responsibility may require examining not only what happened during the operation, but also how information moved through the hospital before surgery began.  

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?
When a wrong-site procedure occurs despite documented verification steps, investigators may examine whether those safety checks were actually followed, whether information was communicated correctly, and whether team members had opportunities to recognize the error.  

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
In a case involving the wrong limb, records showing which limb was diagnosed, marked, consented to, and scheduled for treatment can become especially important.  

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
The Jacks lawsuit names nine defendants, including the hospital and members of the medical and surgical teams.   That does not mean each defendant will ultimately be found liable. Liability must be determined based on the evidence and applicable law.

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
Jacks’ attorney has described significant changes to her everyday life, including difficulties transferring between a wheelchair, bed, and bathroom and the need for housing and transportation modifications. Her husband reportedly left his job to help care for her.   Those kinds of long-term consequences can become significant when evaluating damages in a catastrophic medical malpractice case.

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
Because the applicable limitation depends on the injury and legal issues involved, damage-cap analysis can become especially important in severe medical malpractice cases.  

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:
  1. Requesting complete medical records
  2. Keeping copies of consent forms and discharge paperwork
  3. Preserving photographs of the injury
  4. Documenting conversations with providers
  5. Keeping records of additional medical treatment
  6. Tracking rehabilitation and prosthetic expenses
  7. Documenting lost work and other financial consequences
  8. Keeping records of home or vehicle modifications
  9. Avoiding signing releases without understanding their effect
  10. Investigating potential legal claims before deadlines expire
Serious medical errors can involve multiple providers, institutions, insurers, and layers of documentation. Early investigation can help preserve information before it becomes harder to obtain.  

Frequently Asked Questions About Wrong-Site Surgery in Ohio

What is a wrong-site surgery?

Wrong-site surgery generally refers to a procedure performed on the wrong location of the body. It can include operating on the wrong limb, wrong side, or wrong anatomical site.

Is amputating the wrong leg medical malpractice?

Performing a procedure on the wrong limb may support a medical malpractice claim, but the specific claims and potentially responsible parties depend on the facts, medical records, applicable standards of care, and causation evidence.

What is a surgical time-out?

A surgical time-out is a safety step conducted immediately before a procedure to confirm information such as the patient, procedure, and surgical site.

Who can be liable for wrong-site surgery?

Depending on the circumstances, potential defendants may include surgeons, nurses, other medical professionals, medical practices, or hospitals.

What damages may be available after a wrongful amputation?

Potential damages may include medical expenses, rehabilitation, prosthetics, future care, lost income, reduced earning capacity, disability-related expenses, pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.

How long do I have to file a medical malpractice lawsuit in Ohio?

Ohio Revised Code § 2305.113 generally provides a one-year limitations period for medical claims, subject to statutory provisions that may affect the deadline. The statute also contains a four-year repose period and specific exceptions.

Does Ohio limit damages for the loss of a limb?

Ohio has specific rules governing noneconomic damages in medical claims. Under § 2323.43, loss of use of a limb falls within the category of severe injuries eligible for the statute’s higher noneconomic damage limits. Economic damages are not subject to the limitation contained in that statute.  

What the Ohio Wrong-Leg Amputation Lawsuit Shows About Patient Safety

The allegations in the Sharon Jacks lawsuit are extraordinary, but the underlying safety principles are straightforward. The correct patient should receive the correct procedure at the correct site. Hospitals and surgical teams use consent forms, site markings, preoperative verification, and time-outs precisely because some surgical errors cannot be undone. The Jacks lawsuit alleges that those safeguards did not prevent her left leg from being amputated when the planned procedure involved her right leg. The hospital has publicly characterized what occurred as an avoidable event.   The litigation will determine the legal responsibility of the defendants. More broadly, the case illustrates why surgical verification, documentation, accountability, and careful investigation matter when a preventable medical error causes permanent harm.

Ohio Medical Malpractice Claims Require Careful Investigation

A serious medical error can permanently change a person’s independence, career, finances, and quality of life. At Paulozzi, Alkire & Condeni, our Ohio medical malpractice lawyers help patients and families investigate potentially preventable medical injuries, preserve evidence, identify potentially responsible parties, evaluate long-term damages, and understand the legal options available under Ohio law. If you or a family member suffered a serious injury because of suspected medical negligence, schedule a free consultation with Paulozzi, Alkire & Condeni. Call 800-LAW-OHIO (800-529-6446) or contact our team online to discuss what happened.

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