Posted in: | Apr 02,2025
Wrong-site surgery is one of the most serious—and preventable—mistakes in an operating room, leading to medical malpractice claims. Despite being labeled a “never event,” meaning it should never occur under proper medical standards, wrong-site surgery still happens an estimated 40 times per week in the United States, according to data reviewed by the Joint Commission, a leading authority on patient safety which certifies healthcare organizations in the U.S.
While less common in comparison to other complications, wrong-site surgery’s consequences are particularly devastating—physically, emotionally, and legally. Patients often require additional procedures and endure prolonged pain and irreversible damage. A 2023 study from the American College of Surgeons found that nearly half of all wrong-site surgery victims needed additional surgery, with many reporting significant long-term harm such as scarring (7.4%), immobility (10.3%), worsened conditions (8.8%), and even death (7.4%).
How Wrong-Site Surgery Happens
Wrong-site surgery isn’t usually the result of one dramatic failure. Instead, it often stems from a chain of minor oversights—each one preventable but collectively disastrous. Consider this all-too-common scenario:
- A patient mentions “my bad leg” during a pre-op consultation.
- The surgeon incorrectly assumes which leg it is and records the wrong leg in the patient chart.
- That incorrect note is never verified.
- The prep team marks the wrong leg.
- No one catches the error during setup.
Communication breakdowns, inadequate chart reviews, and skipped or rushed safety protocols worsen this domino effect. In high-pressure operating rooms, staff may rely on memory or verbal cues instead of confirmed documentation. Junior staff might hesitate to speak up if they notice discrepancies, especially in hierarchical environments where questioning a lead surgeon is discouraged.
A review of wrong-site surgery malpractice claims found that orthopedic, neurosurgical, and urological procedures are among the most common surgeries associated with these errors. Many cases trace back to a failure to follow basic pre-op verification steps, like reviewing consent forms or confirming the procedure site.
The Time-Out Protocol: A Simple But Essential Safeguard
Hospitals are required to perform a surgical time-out—a moment where the full surgical team stops and collectively verifies three critical elements to prevent these errors:
- Patient identity
- Procedure to be performed
- Surgical site and side
Time-outs prevent assumptions, surface any last-minute discrepancies, and foster team-wide accountability. When done properly, they create a rare and powerful pause in the fast pace of the operating room. Unfortunately, in practice, time-outs can become rushed formalities or skipped altogether, especially when staff are under pressure.
According to research published in the Journal of the American College of Surgeons, time-outs can prevent most—but not all—wrong-site surgeries. Further studies suggest incorporating a structured team briefing before and after operations significantly improves surgical site verification and team communication.
Nevertheless, wrong-site surgery continues because the safeguards—no matter how well-designed—are only as effective as the people following them.
Legal Implications: When a Surgical Mistake Becomes Medical Malpractice
For patients and families, discovering that the medical provider conducted a procedure on the wrong site can be shocking and traumatic. While physical damage often demands additional surgeries, extended recovery, or lifelong disability, emotionally and psychologically, the loss of trust in your medical team can be profound.
If the surgical team failed to follow protocols like the time-out, didn’t confirm the site with you, or relied on incorrect records, you may have a strong medical malpractice claim. According to malpractice case analysis, wrong-site surgery claims have a high success rate, with 84% of orthopedic and 79% of ophthalmologic claims resulting in plaintiff awards.
In malpractice cases of wrong-site surgery, patients may be entitled to compensation for:
- Medical costs associated with corrective procedures
- Lost wages and diminished future earnings
- Physical and emotional pain and suffering
- Long-term rehabilitation and therapy
Why Medical Malpractice Attorney Experience Matters
Navigating a wrong-site surgery claim is complex. You need more than sympathy—you need a legal team that understands the intersection of surgical practice and negligence law.
Montross Miller brings over 45 years of focused experience in medical malpractice litigation, including surgical error cases. We have a physician attorney on staff, and our attorneys also work closely with independent medical experts to examine every detail of your case and determine whether the care you received deviated from accepted medical standards.
Most importantly, we prioritize compassion and clarity. We know how overwhelming these experiences can be. Our mission is to help you understand what went wrong and explain your legal options so you can confidently move forward.
Getting Answers to Your Questions
Wrong-site surgery should never happen. When it does, it’s not just a mistake—it’s a breach of trust and potentially a violation of the law. If you or a loved one has been the victim of wrong-site surgery, contact Montross Miller for a confidential, no-cost consultation. We’ll help you understand your rights, evaluate your case, and fight for the justice and compensation you deserve.
