From the Operating Room to the Courtroom: Wrong-Site Surgery

Introduction: Wrong-site surgery (WSS) is considered a “never event” and represents a serious and fully preventable patient safety issue. Despite international protocols, these incidents continue to occur, leading to significant clinical, legal, and social consequences. This study aimed to analyze wrong-site surgery cases reported in Supreme Court decisions and the media in Türkiye, identifying their characteristics and legal implications from a forensic medicine perspective. Material Methods: A retrospective review was conducted using the legal database lexpera.com.tr and Google News search engine. Keywords such as “wrong-side surgery” and equivalent Turkish terms were used to identify cases between 2010 and 2025. A total of 22 cases meeting inclusion criteria were analyzed. Descriptive statistics were performed using SPSS v21.0. Results: Among the 22 cases, 45.5% involved orthopedic surgery, followed by ophthalmology and general surgery (each 13.6%). The most common surgical sites were lower (31.8%) and upper extremities (22.7%). Wrong-site surgery was most frequently reported in public hospitals (45.5%), followed by university/research hospitals (31.8%). Legal analysis revealed that several decisions initially favoring physicians at local courts were overturned in Supreme Courts, mostly in favor of patients, indicating significant medico-legal risk. Conclusion: WSS remains a critical patient safety issue in Türkiye, particularly in orthopedic and high-volume surgical settings. Findings suggest that existing protocols alone are insufficient; effective implementation, regular audits, mandatory time-out compliance, and strengthening safety culture through structured training programs are essential for prevention.

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Publication Details

Journal
Cukurova Anestezi ve Cerrahi Bilimler Dergisi
Published
2025-12-31
DOI
https://doi.org/10.36516/jocass.1795640
Primary Topic
Medical Malpractice and Liability Issues
Type
article
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article

From the Operating Room to the Courtroom: Wrong-Site Surgery

Zafer Liman, Uğur Kayhan, Abdülkadir İzci
Cukurova Anestezi ve Cerrahi Bilimler Dergisi
Medical Malpractice and Liability Issues
article

From the Operating Room to the Courtroom: Wrong-Site Surgery

Zafer Liman, Uğur Kayhan, Abdülkadir İzci
article en

Abstract

Introduction: Wrong-site surgery (WSS) is considered a “never event” and represents a serious and fully preventable patient safety issue. Despite international protocols, these incidents continue to occur, leading to significant clinical, legal, and social consequences. This study aimed to analyze wrong-site surgery cases reported in Supreme Court decisions and the media in Türkiye, identifying their characteristics and legal implications from a forensic medicine perspective. Material Methods: A retrospective review was conducted using the legal database lexpera.com.tr and Google News search engine. Keywords such as “wrong-side surgery” and equivalent Turkish terms were used to identify cases between 2010 and 2025. A total of 22 cases meeting inclusion criteria were analyzed. Descriptive statistics were performed using SPSS v21.0. Results: Among the 22 cases, 45.5% involved orthopedic surgery, followed by ophthalmology and general surgery (each 13.6%). The most common surgical sites were lower (31.8%) and upper extremities (22.7%). Wrong-site surgery was most frequently reported in public hospitals (45.5%), followed by university/research hospitals (31.8%). Legal analysis revealed that several decisions initially favoring physicians at local courts were overturned in Supreme Courts, mostly in favor of patients, indicating significant medico-legal risk. Conclusion: WSS remains a critical patient safety issue in Türkiye, particularly in orthopedic and high-volume surgical settings. Findings suggest that existing protocols alone are insufficient; effective implementation, regular audits, mandatory time-out compliance, and strengthening safety culture through structured training programs are essential for prevention.

Cukurova Anestezi ve Cerrahi Bilimler DergisiVol. 8(4)
Karabük University (TR), Yüksek İhtisas Üniversitesi (TR)
Reduced inequalities
Openalex Percentile: Top 24%
Medical Malpractice and Liability Issues
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