In September 2025, 74-year-old Sharon Jacks of Meigs County, Ohio, went to Selby General Hospital in Marietta for a planned below-the-knee amputation of her cancerous right leg. She awoke to discover her healthy left leg had been removed instead. Her right leg was later amputated at a different hospital, leaving her a double amputee. In September 2026, Jacks filed a 32-page civil lawsuit alleging gross negligence, battery, and reckless conduct by the hospital system and surgical team. This case has gained attention as the Ohio Woman Sues After Alleged Wrong-Leg Amputation (2026).
What Happened in the Ohio Woman Sues After Alleged Wrong-Leg Amputation (2026) Case
Sharon Jacks checked into Selby General Hospital in Marietta, Ohio, on September 19, 2025, for a scheduled below-the-knee amputation of her right leg, which had been diagnosed with squamous cell carcinoma. When she woke from anesthesia, the surgical team had removed her left leg, the healthy one, instead. Her right leg was amputated approximately four months later at a different Ohio hospital, leaving her without either lower limb. This shocking incident is part of the broader narrative encapsulated in the Ohio Woman Sues After Alleged Wrong-Leg Amputation (2026).
The lawsuit, filed around September 15, 2026, in Washington County Court, lays out a disturbing chain of failures. According to the 32-page complaint, the surgeon had marked the correct leg before surgery. The team also documented two surgical “time-outs”, the standardized safety pauses meant to verify the correct patient, procedure, and surgical site. Despite these safeguards, the wrong leg was amputated. The complaint describes the error as a “complete failure” of basic operating-room safety procedures and accuses the defendants of gross negligence, battery, and reckless conduct, as reported by The New York Times.
The suit names multiple defendants: Selby General Hospital, Marietta Memorial Hospital, Marietta Area Health Care Inc., Marietta Health Care Physicians Inc., First Settlement Orthopedics Inc., and several individual physicians and surgical team members, according to Cleveland.com. Jacks’ attorney, Brad Layne, has emphasized the life-altering severity of the harm, calling the error something that “defies explanation.”
How Common Are Wrong-Limb Amputations in Hospitals Related to Cases Like Ohio Woman Sues After Alleged Wrong-Leg Amputation (2026)
Wrong-site surgeries, including wrong-limb amputations, are classified as “never events” by the National Quality Forum and The Joint Commission, meaning they should never happen under any circumstances. While exact rates are difficult to determine due to inconsistent reporting, studies have estimated that wrong-site surgeries occur roughly once per 100,000 procedures. However, some analyses suggest the real number may be higher because many incidents go unreported or are resolved quietly.
The term “never event” carries specific weight in healthcare policy. These are errors so egregious that their occurrence signals a fundamental breakdown in safety systems. Wrong-limb amputation falls into the most severe category of never events, those causing permanent harm or death. When a never event occurs, hospitals are ethically and often legally obligated to disclose it to the patient, conduct a root-cause analysis, and implement corrective measures.
How Do Hospitals Prevent Wrong-Site Surgery Mistakes
Hospitals rely on a layered safety protocol known as the Universal Protocol, developed by The Joint Commission. This protocol includes three critical checkpoints: pre-procedure verification, surgical site marking, and a surgical “time-out” immediately before the incision. The goal is to create multiple independent barriers so that if one fails, another catches the error.
In the Jacks case, the complaint alleges that two of these barriers, site marking and time-outs, were documented but still failed to prevent the wrong-leg amputation. This raises serious questions about whether the protocol was followed in substance or merely on paper.
After the incident, Selby General Hospital, part of Memorial Health System, publicly acknowledged an “adverse surgical event” and stated that operating-room procedures “were not followed,” as reported by Ground.news. The hospital system said the staff involved are no longer in their positions and that surgical personnel underwent mandatory retraining. Protocols were reviewed in consultation with the Mayo Clinic and the Ohio Department of Health.
Common prevention measures include:
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Pre-procedure verification of patient identity, procedure, and site
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Surgeon marking the correct site with an indelible marker
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A mandatory time-out with the full surgical team before incision
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Cross-referencing imaging and consent forms
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Institutional reporting and root-cause analysis after any near-miss
What Are the Legal Requirements for Surgical Site Marking
Surgical site marking is a mandatory step under The Joint Commission’s Universal Protocol, which most accredited U.S. hospitals follow. The operating surgeon must personally mark the correct surgical site with an indelible, visible marker before the patient enters the operating room. The mark must be unambiguous and visible after the patient is prepped and draped.
In the Jacks case, the lawsuit states that the surgeon marked the correct (right) leg before surgery. This detail is critical because it suggests the error occurred despite proper marking, meaning the breakdown happened downstream, likely during the time-out or the procedure itself. When a surgeon marks the correct site but the team operates on the wrong one, it points to a failure in communication, verification, or both.
Key legal and regulatory requirements:
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The surgeon (not a nurse or resident) must mark the site
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The mark must remain visible after prep and draping
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The time-out must involve the entire surgical team actively confirming the site
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Documentation of the time-out must be accurate and truthful
How Does a Medical Malpractice Lawsuit Work for Surgical Errors
A medical malpractice lawsuit for a surgical error follows a structured legal process. The plaintiff must prove four elements: a duty of care existed, the standard of care was breached, the breach caused the injury, and the injury resulted in measurable damages. In wrong-site surgery cases, the breach is often straightforward, removing the wrong limb is, by definition, a deviation from the standard of care.
The process typically begins with filing a complaint in civil court, followed by discovery, where both sides exchange evidence, depose witnesses, and retain expert witnesses. Medical malpractice cases almost always require expert testimony to establish what the standard of care was and how it was violated.
For patients who discover a surgical error, the first steps matter enormously. Anyone in this situation should immediately request complete medical records, document the timeline of events, and consult a medical malpractice attorney before signing any documents or agreeing to meet with hospital representatives alone. Hospitals may offer early settlements or request patients sign waivers, patients should never sign anything without legal counsel.
Who Is Liable in a Wrong Surgery Case: Hospital or Doctor
Liability in wrong-site surgery cases can extend to multiple parties, including the surgeon, surgical team members, the hospital, and corporate entities that operate the facility. The legal doctrine of “vicarious liability” often holds hospitals responsible for the actions of their employees. Additionally, hospitals can be directly liable for systemic failures, such as inadequate training, understaffing, or broken safety protocols.
In the Jacks lawsuit, the complaint names both individual physicians and institutional defendants. This strategy reflects the reality that wrong-site surgery usually involves failures at multiple levels, not just one person’s mistake. The surgeon may bear responsibility for the incision, but the surgical nurses, anesthesiologists, and hospital administrators all play roles in the safety chain. Cases involving institutional accountability echo broader concerns about local government accountability and public safety oversight that affect communities across the country.
What Evidence Is Needed to Prove Wrong-Site Surgery
Proving wrong-site surgery requires medical records, surgical documentation, imaging, and expert testimony. The strongest evidence includes the signed surgical consent form specifying the correct site, preoperative imaging, the surgeon’s site-marking documentation, time-out records, and postoperative findings.
In the Jacks case, the complaint cites records showing the surgeon marked the right leg and the team documented two time-outs, yet the left leg was amputated. This documentation paradoxically strengthens the plaintiff’s case because it demonstrates that safety protocols existed on paper but failed in practice.
Essential evidence includes:
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Signed informed consent specifying the correct procedure and site
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Preoperative imaging and diagnostic records
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Surgical time-out documentation
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Operative notes and postoperative reports
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Expert testimony on the standard of care
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Internal hospital incident reports (if obtainable through discovery)
What Compensation Can You Get for Wrong-Site Surgery
Wrong-site surgery victims can seek both compensatory and punitive damages. Compensatory damages cover medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, permanent impairment, and loss of enjoyment of life. Punitive damages may be awarded when the defendant’s conduct is found to be grossly negligent or reckless.
The Jacks lawsuit seeks compensatory and punitive damages, including coverage for past and future medical expenses, pain and suffering, emotional distress, permanent impairment, loss of enjoyment of life, and “humiliation” resulting from becoming a double amputee, as reported by The Independent.
Can you sue for emotional distress after a surgical error? Yes. Emotional distress is a recognized category of damages in medical malpractice cases, particularly when the error causes permanent disability or disfigurement. In cases like Jacks’, where the patient lost both lower legs, the emotional and psychological impact is profound and legally compensable.
Typical settlements for amputation malpractice vary widely depending on the severity of the injury, the patient’s age and earning capacity, the degree of negligence, and the jurisdiction. Cases involving wrong-site amputations, especially those resulting in double amputations, tend to result in substantial settlements or verdicts, often reaching seven figures. However, each case is unique, and no outcome can be guaranteed. Readers interested in how civil lawsuits unfold may find parallels in other recent cases, such as when tourists from China sued Utah after a deadly tour bus crash.
How Long Do You Have to File a Medical Malpractice Lawsuit in Ohio
Ohio’s medical malpractice statute of limitations generally gives patients one year from the date they discovered (or should have discovered) the injury to file a lawsuit. There is also an outer limit of four years from the date the malpractice occurred, regardless of when the injury was discovered. These deadlines are strict, missing them typically means losing the right to sue entirely.
In the Jacks case, the injury was discovered immediately upon waking from surgery in September 2025. The lawsuit was filed approximately one year later in September 2026, which appears to align with Ohio’s one-year discovery rule. However, statutes of limitations can involve complex legal questions about when the “clock” starts, so anyone considering a malpractice claim should consult an Ohio attorney promptly.
Important timing considerations:
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The one-year clock usually starts when the patient discovers the injury
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The four-year outer limit applies even if discovery happens later
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Minors and certain other cases may have different rules
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Filing requirements may include a “certificate of merit” from a medical expert
What Happens to a Doctor’s License After Wrong-Site Surgery
After a wrong-site surgery, a doctor may face professional discipline from the state medical board, including reprimand, suspension, or license revocation. The severity of discipline depends on the circumstances, prior disciplinary history, and whether the error reflects a pattern of negligence or an isolated catastrophic failure.
In the Jacks case, Memorial Health System stated that the staff involved in the incident are no longer in their positions. However, it is unclear whether any physicians have faced formal licensing action by the Ohio State Medical Board. Hospital employment decisions and state licensing actions are separate processes, a hospital can terminate employment without the medical board taking any action, and vice versa.
Are surgeons required to have malpractice insurance? Ohio does not legally require physicians to carry malpractice insurance, though most hospitals require it as a condition of admitting privileges. Some physicians practice “bare”, without coverage, which can complicate a patient’s ability to collect damages. This is why naming the hospital as a defendant is often critical in malpractice cases, as the institution typically carries substantial liability coverage.
Cases of professional accountability resonate across communities, as seen when a former Ohio sheriff was charged with murder after Casey Goodson was killed, reminding us that those entrusted with public safety must be held to the highest standards.
FAQ
What is a “never event” in surgery?
A never event is a catastrophic medical error, like wrong-site surgery, that should never happen under any circumstances. The National Quality Forum defines and tracks these events as indicators of systemic safety failures.
How did the wrong leg get amputated in the Ohio case?
The lawsuit alleges that despite the surgeon marking the correct right leg and the team documenting two safety time-outs, the surgical team proceeded to amputate the left leg instead. The exact mechanism of the failure is part of the ongoing litigation.
Can a hospital be sued even if the surgeon was at fault?
Yes. Hospitals can be held vicariously liable for their employees’ actions and directly liable for systemic failures like inadequate training, broken protocols, or understaffing.
What is a surgical time-out?
A time-out is a mandatory pause before the surgical incision where the entire team verifies the patient’s identity, the planned procedure, and the correct surgical site. It is a key component of the Universal Protocol.
How much can you sue for in a wrong-site amputation case?
There is no fixed amount. Damages depend on medical costs, lost wages, pain and suffering, emotional distress, and the degree of negligence. Cases involving double amputations typically result in substantial awards.
Did the Ohio hospital admit fault?
Selby General Hospital acknowledged an “adverse surgical event” and stated that operating-room procedures “were not followed.” However, the hospital has not formally admitted legal liability, as the lawsuit is at an early stage.
What should you do if you suspect a surgical error?
Request complete medical records immediately, document everything, do not sign any documents from the hospital without legal counsel, and contact a medical malpractice attorney as soon as possible.
Conclusion
The case of Sharon Jacks is a devastating reminder that even the most basic safety systems can fail, and when they do, the consequences are irreversible. A 74-year-old woman went into surgery to treat cancer and emerged without either lower leg because, according to the lawsuit, a chain of documented safety checks somehow broke down completely.
For residents of the Mohawk Valley and communities everywhere, this case underscores why healthcare accountability matters. Hospitals must be transparent about errors. Surgical protocols must be followed in practice, not just on paper. And patients who suffer catastrophic harm deserve a legal system that can deliver meaningful accountability and compensation.
If you or a loved one has experienced a surgical error, take immediate action: request your medical records, document the timeline, and consult a qualified medical malpractice attorney. Statutes of limitations are unforgiving, and the window to seek justice can close quickly. Civic engagement also plays a role, attending hospital board meetings, supporting patient safety legislation, and demanding transparency from healthcare institutions are all ways communities can push for systems that protect patients rather than fail them.
