Who Do You Sue for a Wrong-Site Surgery?

April 16, 2023 Insights


Even in the best circumstances, undergoing surgery can be a stressful experience. So, you can imagine the level of turmoil and stress that one may experience after knowing that their surgeon operated on the wrong site. This can cost them time and valuable resources without alleviating the original condition. In this scenario, the best course of action would be to have your medical malpractice lawyer in Kentucky file a lawsuit against the people responsible for the botched surgery.

Wrong-site surgeries are a severe medical issue that can have devastating consequences. While most surgeons and medical professionals are highly trained and experienced, mistakes can still occur. If a patient has been the victim of wrong-site surgery, they can seek compensation for their suffering. 

When it comes to wrong-site surgery, many people could be held liable. 

The Medical Facility Itself 

Vicarious liability is an important legal doctrine that holds employers responsible for the actions and mistakes of their employees. This doctrine is based on the Latin phrase “respondeat superior,” which means “let the master speak.” It is used in medical negligence or medical malpractice cases when someone has a higher rank than the negligent party. 

Under this doctrine, employers can be held liable for their employees’ wrongdoings, even if they had no direct involvement in the incident. This means that the employer can be held responsible if an employee is negligent or causes harm while on the job. This is especially true if the employee acted within the scope and course of their employment.

For example, if a doctor is negligent while treating a patient and the patient suffers harm, the doctor’s employer (e.g., a hospital) may be held liable. This is because the doctor acted within the scope of their employment, and the hospital is their employer. The hospital can be held liable for the doctor’s actions, even if the hospital had no direct involvement in the incident.

The Surgeon

When we think of wrong-site surgeries, the first person that is usually held liable is the surgeon. Suppose the doctor responsible for the surgery that caused you harm was an employee of a hospital or surgical center. In that case, the hospital or center may be liable for their mistake. This means that the hospital’s insurance company would be responsible for compensating patients for the harm done. 

Other Medical Staff 

In certain situations, the medical team may be held responsible for a wrong-site surgery that wasn’t the surgeon’s fault. It could be due to an assistant relaying wrong information or a nurse making an error in patient charts. 

If any hospital staff member is found to be negligent, they could be held accountable. Generally, any staff members are usually employed by the surgical center or hospital; thus, vicarious liability is applicable.


Medical malpractice can have devastating consequences, but it is essential to remember that it is preventable. By taking steps to research doctors and medical facilities, asking questions, and seeking legal advice, you can help protect yourself and your family from medical errors. Be sure to take legal advice only from a qualified medical malpractice lawyer in Kentucky to ensure you are compensated for this terrible injury against you.

Get compensated for your injuries to the full extent of the law by seeking legal advice from the best medical malpractice lawyers in Kentucky. Contact us today for a free consultation.