Wrong-site surgery is a “never event”, or a serious, preventable error that medical experts agree should never happen. It includes operating on the wrong body part, the wrong side, or even the wrong patient. The American Hospital Association estimates that these surgeries still occur about 40 times a week in the U.S.
Understanding Wrong-Site Surgery
Wrong-site surgery is exactly what it sounds like: a surgery performed on the wrong part of the body. But the term covers several kinds of serious mistakes. Typically, types of wrong-site surgery include the following:
- Operating on the wrong side, like the left knee instead of the right
- Operating on the wrong body part or organ
- Performing the wrong procedure entirely
- Operating on the wrong patient
Before a surgery, the medical team confirms the patient, the procedure, and the exact operation site. When that process fails, unnecessary surgery may harm a patient, while their real problem goes untreated. Wrong-site surgery is one of the most serious errors in medicine, and almost entirely preventable.
Defining a “Never Event” and Why It Matters
A leader at the National Quality Forum created the term “never event” in 2001 to categorize wrong-site surgeries. “Never events” describe serious, yet clearly preventable, medical errors that should never happen. To prevent these errors, The Joint Commission created the Universal Protocol, which requires three key steps before surgery.
- Verifying the patient, procedure, and site beforehand
- Marking the exact spot to be operated on
- Taking a “time-out” as a team to confirm everything is correct
Because these safeguards exist, a wrong-site surgery usually means the safety process broke down. Since 2009, Medicare and Medicaid have refused to pay for these errors… Which proves how truly preventable they are.
Why Wrong-Site Surgery May Be Easier to Prove
Most medical malpractice cases are hard to prove. Wrong-site surgery is often different, because the mistake speaks for itself.
In a typical malpractice case, you must show that the doctor failed to meet the standard of care, which can be complicated. But operating on the wrong body part is rarely acceptable. The error itself strongly points to negligence.
This does not mean these cases win automatically. You still must show that the error caused you real harm, such as a permanent injury or lasting pain. Every case is different, and outcomes are never guaranteed.
Our surgical error and medical malpractice attorneys can review what happened. Our guide on how attorneys prove medical negligence explains the process in more detail.
Compensation That Medical Malpractice Survivors May Recover
When a preventable surgical error harms you, you may be able to recover money for the losses it caused. Economic and non-economic damages may include:
- The cost of corrective surgery and future medical care
- Lost wages and lost earning ability
- Physical pain and emotional suffering
- Permanent disability or disfigurement
Every state has a filing deadline. For example, in Alabama, most medical malpractice claims must be filed within two years under Ala. Code § 6-5-482. Waiting too long can permanently bar your claim, even in a clear case.
A wrong-site surgery is terrible because it could’ve been prevented. If you believe that you experienced medical malpractice, you may be eligible for significant compensation.
Frequently Asked Questions About Wrong-Site Surgery
What is wrong-site surgery?
Wrong-site surgery occurs when a surgeon operates on the wrong body part, the wrong side, or the wrong patient. “Never events” are almost entirely preventable. These errors can cause serious harm, including unnecessary surgery and permanent injury.
Is wrong-site surgery malpractice?
Usually, yes, the law considers wrong-site surgery to be medical malpractice. Operating on the wrong site is almost never acceptable under any medical standard of care. However, to win a malpractice claim, the patient must still prove the error caused real harm. An attorney can review whether you have a valid claim or medical malpractice lawsuit.
What is a “never event” in surgery?
A never event is a serious, preventable medical error that should never happen. Wrong-site surgery, wrong-procedure surgery, and leaving a surgical item inside a patient are all classic never events. Because they are so preventable, Medicare and Medicaid have not paid for them since 2009.
How often does wrong-site surgery happen?
Wrong-site surgery is considered rare for any single hospital, but it still happens too often nationwide. Joint Commission officials have estimated it occurs about 40 times a week in U.S. hospitals and clinics. An AHRQ-supported study estimated roughly one wrong-site surgery per 113,000 operations. Even one is one too many, given how preventable they are.
What causes wrong-site surgery?
Wrong-site surgery is most often caused by communication failures and skipped safety steps. Studies have found communication breakdowns contribute to a large majority of these cases. Other causes include failing to mark the surgical site and skipping the required pre-surgery “time-out.” The Joint Commission’s Universal Protocol is designed to prevent these failures.
How long do I have to file a wrong-site surgery lawsuit?
The deadline depends on your state. For example, in Alabama, most medical malpractice claims must be filed within two years of the injury under Alabama Code § 6-5-482. Some exceptions may apply, such as when the injury is discovered later. Because deadlines are strict, it is important to speak with an attorney promptly.
Trust Alexander Shunnarah Trial Attorneys Today
A wrong-site surgery is a preventable error that should never reach the operating table. When it does, the harm can last a lifetime. Our firm knows how to prove these cases and fight for the full compensation victims deserve.
- $5,000,000 Verdict in a Medical Malpractice Error Case
- $3,000,000 Settlement in a Medical Malpractice Error Case
Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-08-10.
