Mississippi Injuries

FAQ Glossary Explore Writers
ENGLISH ESPANOL
Dictionary

wrong-site surgery

You may see this phrased in an operative report, hospital disclosure letter, insurance review, or lawyer conversation as "procedure performed on the wrong site," "wrong side," "wrong level," or "wrong patient." It means a surgery was done on the incorrect part of the body, on the opposite side, at the wrong spinal level, or on a different patient than the one who was supposed to receive it. In patient-safety practice, it is treated as a preventable "never event" because standard safeguards - site marking, identity checks, consent review, and the operating-room "time-out" - are supposed to stop it before an incision is made.

Practically, this matters because harm often goes beyond the mistaken operation itself. A patient may need additional surgery, face infection, lose function, suffer longer recovery, or miss work while also still needing the original procedure. In a medical negligence case, records such as the consent form, pre-op checklist, nursing notes, and operative report are central evidence. The claim may involve medical malpractice, lack of informed consent, and damages for added medical costs, pain, disability, or lost earnings.

In Mississippi, a lawsuit over wrong-site surgery is generally governed by Mississippi Code Annotated § 15-1-36 (1972), which sets a 2-year deadline for most medical malpractice actions, with a 7-year outside limit in many cases. Mississippi Code Annotated § 11-1-58 (2002) also requires 60 days' written pre-suit notice before filing most malpractice claims.

by Fannie Louise Coleman on 2026-04-03

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

Find out what your case is worth →
← All Terms Home