An Ohio woman battling cancer went in for surgery to have her diseased leg amputated — and came out of anesthesia to discover doctors had taken off the healthy one instead, according to a new lawsuit.
Attorneys representing 74-year-old Sharon Jacks say Selby General Hospital, its parent organization Marietta Area Health Care Inc., and the surgical team involved committed medical negligence and battery, among other claims, by amputating the incorrect limb.
The suit contends that despite safeguards meant to prevent exactly this kind of mistake, hospital staff “failed to properly identify and verify the correct operative extremity” and went ahead with surgery on the wrong leg regardless.
On September 19, 2025, Jacks was admitted to Selby General Hospital in Marietta, a city sitting along Ohio’s southern border with West Virginia. She was being treated for what’s known as a chronic venous stasis ulcer — a slow-healing wound, often near the ankle, caused by vein and circulation problems, according to the Cleveland Clinic. She was also fighting cancer, according to CBS affiliate WBNS.
Medical staff had examined Jacks beforehand and concluded that she needed a below-knee amputation on her right leg, court documents state. She agreed to the operation, and the surgical schedule listed the procedure as a right below-knee amputation.
Leading up to the surgery, hospital personnel were obligated to take certain precautions — correctly identifying the limb in question, confirming the surgical site, marking the right leg, running through a formal “time-out,” and making sure the operation targeted the correct part of the body, the complaint says.
A “time-out” refers to a pause before surgery when the medical team reviews the plan to make sure everything lines up. In Jacks’ case, the team reportedly performed this check twice before beginning.
Even with those standard protections in place, Jacks woke up to learn her left leg had been amputated — not the right one as planned. The lawsuit labels the mistake a “Never Event,” a phrase first used in 2001 to describe serious medical errors, like operating on the wrong body part, that are considered entirely preventable, according to the Agency for Healthcare Research and Quality.
The mistake “required additional surgery and medical treatment,” the filing states.
Attorney Brad Layne of Kayser, Layne & Clerk PLLC, who represents Jacks, told a local TV station the error “defies explanation.”
“The surgeon actually marked the correct leg pre-surgery; the mark was still on the correct leg after the wrong leg had been taken off,” Layne said.
The lawsuit describes the incident as “a complete failure of basic patient safety procedures” that amounted to a never event under widely accepted healthcare standards, and says Jacks has endured “severe and permanent bodily injury, pain and suffering, emotional distress, disability, loss of enjoyment of life, medical expenses, lost earnings, and other damages.”
The nine-count complaint also states that the ordeal has taken a toll on her family, noting that her husband has lost and will continue to lose the companionship, support and marital relationship he previously shared with his wife.
Jacks’ legal team is seeking damages and any other relief permitted under Ohio law.
Layne told NBC News that Jacks’ cancer has since been eliminated.
In a statement to WBNS, Selby General Hospital said its internal review confirmed the incident “was an avoidable event, and that our expected operating room procedures were not followed.”
“Those involved were held accountable for their actions and are no longer in their positions,” the hospital added.
