Wrong-site surgery is when a surgeon operates on the wrong body part, wrong side, or wrong patient entirely. It is one of the most serious surgical errors recognized under Washington malpractice law, classified as a “never event,” meaning it should never occur when proper protocols are followed. And it almost always gives rise to a viable medical malpractice claim. Under Washington’s statute of limitations, you have three years from the date of surgery to file.
Waking up from surgery to discover that your surgeon operated on the wrong body part, the wrong side of your body, or performed the wrong procedure entirely is an unimaginable experience. You went into the operating room trusting a surgical team with your health and your life. What happened was not a complication or an unavoidable risk, but rather a failure that should never have occurred.
If you or a loved one experienced wrong-site surgery in Spokane or anywhere in Washington State, you likely have grounds for a medical malpractice claim. At Gilbert Law Firm, our attorneys have helped patients pursue justice after serious surgical errors. Here is what you need to know.
What Is Wrong-Site Surgery?
Wrong-site surgery is a broad term that covers several distinct types of surgical errors:
- Wrong body part: The surgeon operates on a different area than intended (for example, removing the left kidney instead of the right)
- Wrong side: The surgeon operates on the correct body part but on the wrong side (like performing a knee replacement on the left knee when the right knee required surgery)
- Wrong patient: The surgical team performs a procedure on a different patient than intended
- Wrong procedure: The surgeon performs a completely different operation than what was planned and consented to
All of these errors share a common characteristic: they are entirely preventable when proper pre-surgical verification protocols are followed.
Why Wrong-Site Surgery Should Never Happen
The Joint Commission, the body that accredits and certifies hospitals across the United States, established the Universal Protocol specifically to prevent wrong-site, wrong-procedure, and wrong-patient surgery. The protocol requires three key steps before every surgical procedure:
- Pre-procedure verification: Confirming the correct patient, procedure, and site using multiple sources
- Site marking: The surgeon physically marks the operative site before the procedure begins
- Time-out: The entire surgical team pauses immediately before the procedure to confirm all details are correct
When these steps are followed, wrong-site surgery is effectively eliminated. The Joint Commission and the Centers for Medicare and Medicaid Services (CMS) classify wrong-site surgery as a “never event,” which is a serious, largely preventable adverse event that signals a fundamental failure in patient safety systems. The significance of that classification for your legal claim is substantial.
Does Wrong-Site Surgery Automatically Mean Malpractice?
In Washington State, the answer is almost always yes. Under RCW 7.70.030, a medical malpractice claim requires proving one or more of the following:
- The standard of care was breached. The Universal Protocol is the accepted standard of care for preventing wrong-site surgery. A surgical team that failed to properly verify the patient, mark the site, or conduct a pre-procedure time-out deviated from that standard.
- The breach caused your injury. An operation performed on the wrong body part, wrong side, or wrong patient causes harm by definition, as you underwent an unnecessary surgical procedure with all of its associated risks, pain, recovery time, and potential complications, while the condition that actually required surgery may have gone untreated.
- You did not consent to the procedure: The nature of this negligence is that the patient did not receive the treatment intended for them to begin with. For that reason, you almost certainly did not consent to the treatment.
Washington courts have also recognized that certain surgical errors are within the common knowledge of a jury, meaning that unlike most malpractice cases, wrong-site surgery may not require expert testimony to establish that negligence occurred.
Who Can Be Held Liable for Wrong-Site Surgery?
Wrong-site surgery is rarely the fault of a single individual. Multiple parties may share liability depending on how and why the error occurred:
- The surgeon: As the leader of the surgical team, the operating surgeon bears primary responsibility for ensuring the correct procedure is performed on the correct patient at the correct site
- The surgical team: Anesthesiologists, nurses, and surgical technicians all have independent obligations under the Universal Protocol to participate in the pre-procedure time-out and raise concerns if something appears incorrect
- The hospital or surgical facility: Hospitals are independently responsible for implementing and enforcing Universal Protocol policies. If the facility’s systems, culture, or supervision failures contributed to the error, the hospital itself may be liable
- Scheduling or administrative staff: In some cases, errors in patient records, surgical orders, or scheduling documentation contribute to wrong-site surgery, creating potential liability for administrative staff or the systems they use
Identifying every liable party is essential to maximizing your recovery. At Gilbert Law Firm, our attorneys investigate the full chain of events that led to the error. Not just what happened in the operating room, but how it was allowed to happen.
What Compensation Can You Recover?
If you were the victim of wrong-site surgery in Washington State, you may be entitled to compensation for:
- Additional medical expenses: The cost of corrective surgery, follow-up care, rehabilitation, and any complications arising from the wrong-site procedure
- The original condition left untreated: If the surgery you actually needed was delayed as a result, you may recover for any harm caused by that delay
- Lost wages and earning capacity: Income lost during extended recovery from an unnecessary procedure
- Pain and suffering: Physical pain, emotional distress, and the psychological impact of knowing you underwent unnecessary surgery
- Permanent disability or disfigurement: If the wrong-site surgery caused lasting harm
Unlike many states that cap what a jury can award for pain and suffering, Washington sets no limit on non-economic damages, meaning your compensation can fully reflect the true impact this experience has had on your life.
Should You Report Wrong-Site Surgery to the Washington State Department of Health?
Yes. Washington State requires hospitals to report wrong-site surgeries to the Washington State Department of Health as a serious adverse event. Filing a report does not replace a civil malpractice claim; the two processes are entirely separate.
However, the DOH investigation can generate records and findings that support your legal case. Your attorney can help you understand how the reporting process interacts with your civil claim.
Contact Gilbert Law Firm About Your Wrong-Site Surgery Case in Spokane
Wrong-site surgery is not a complication. It is not an accepted risk of surgery. It is a failure, and in Washington State, it almost always gives rise to a viable malpractice claim.
At Gilbert Law Firm, we review every case honestly and pursue every avenue of compensation the evidence supports. Contact us today at (509) 321-0750 for a free consultation.
Frequently Asked Questions About Wrong-Site Surgery in Washington State
1. Is wrong-site surgery always considered malpractice in Washington?
In almost every case, yes. Wrong-site surgery is classified as a “never event,” meaning it should not occur when proper Universal Protocol procedures are followed. Under RCW 7.70.030, a malpractice claim requires proving the provider failed to follow the accepted standard of care and caused your injury. Wrong-site surgery almost invariably satisfies both elements, as well as another: you did not consent to the health care provided. Contact Gilbert Law Firm to discuss your specific situation.
2. Do I need an expert witness to prove wrong-site surgery malpractice?
Possibly not for the negligence itself. Washington courts have recognized that wrong-site surgery is within the common knowledge of a jury, meaning the error may be self-evident without medical expert testimony. However, expert testimony on causation and damages is usually still needed.
3. Can I sue the hospital as well as the surgeon for wrong-site surgery?
Yes. Hospitals have an independent obligation to implement and enforce Universal Protocol policies. If the hospital’s systems, culture, or supervision failures contributed to the error, the hospital may share liability alongside the surgical team. Multiple defendants are common in wrong-site surgery cases, and identifying all of them is essential to maximizing your recovery.
4. Does giving consent before surgery prevent me from filing a claim?
No. A consent form documents what you agreed to, not what was actually performed. If your surgeon operated on a different site or performed a different procedure than what you consented to, the consent form does not shield the provider from liability. In fact, performing a procedure without valid consent is itself an independent ground for a malpractice claim under RCW 7.70.030. See our blog on informed consent and medical malpractice for more.
5. How long do I have to file a wrong-site surgery claim in Washington?
Generally three years from the date of surgery under RCW 4.16.350. Because wrong-site surgery is typically discovered immediately, the clock starts running right away. Contact Gilbert Law Firm as soon as possible to protect your rights.
6. What if my condition went untreated because of the wrong-site surgery?
This is an important and often overlooked element of wrong-site surgery damages. If the procedure you actually needed was delayed or never performed because surgical resources were consumed by the wrong-site error, you may recover for any harm caused by that delay in addition to the harm from the unnecessary procedure itself. Bill Gilbert and the team at Gilbert Law Firm will ensure every element of your losses is accounted for in your claim.
7. What should I do immediately after discovering I had wrong-site surgery?
Request your complete medical records immediately, including the surgical report, anesthesia records, and nursing notes. Do not sign any documents offered by the hospital or its insurer before speaking with an attorney. Report the incident to the Washington State Department of Health if you choose to, but contact Gilbert Law Firm first so we can advise you on how the reporting process interacts with your civil claim.