What Is a Medical Malpractice Case?

Suffered a hospital-acquired infection in Georgia or South Carolina? Our medical malpractice attorneys pursue claims for MRSA, C. diff, sepsis, and other preventable healthcare-associated infections.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a medical malpractice in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-545). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Hospital-Acquired Infection Claims in Georgia & South Carolina

Hospital-acquired infections (HAIs) — also called healthcare-associated infections — affect approximately one in every 31 hospital patients on any given day, according to the Centers for Disease Control and Prevention (CDC). These preventable infections cause tens of thousands of deaths annually and add billions of dollars in healthcare costs. When hospitals fail to follow established infection control protocols, patients suffer needlessly from infections they did not have when they were admitted.

At Roden Law, our hospital-acquired infection lawyers represent patients across Georgia and South Carolina who contract infections due to substandard hygiene practices, inadequate sterilization, or failure to follow infection prevention guidelines. These cases require expert analysis of hospital infection control protocols, staffing practices, and epidemiological data.

Common Hospital-Acquired Infections

The most frequently litigated hospital-acquired infections include:

  • MRSA (Methicillin-resistant Staphylococcus aureus): An antibiotic-resistant bacterium spread through contact with contaminated surfaces or healthcare workers’ hands
  • C. difficile (Clostridioides difficile): A severe intestinal infection often triggered by antibiotic overuse
  • Surgical site infections (SSIs): Infections at the site of a surgical incision due to improper sterile technique
  • Central line-associated bloodstream infections (CLABSIs): Infections caused by bacteria entering the bloodstream through IV catheters
  • Catheter-associated urinary tract infections (CAUTIs): UTIs caused by prolonged or improper use of urinary catheters
  • Ventilator-associated pneumonia (VAP): Lung infections in patients on mechanical ventilators
  • Sepsis: A life-threatening systemic response to infection that can lead to organ failure and death

Hospital-acquired infections that lead to sepsis and death are among the most tragic cases we handle. If you lost a loved one to a preventable hospital infection, our medical malpractice death lawyers can help your family pursue a wrongful death claim.

How Hospitals Fail to Prevent Infections

The CDC and the Joint Commission establish detailed infection prevention guidelines that hospitals are expected to follow. Common failures that lead to HAIs include:

  • Inadequate hand hygiene compliance among healthcare workers
  • Failure to properly sterilize surgical instruments and equipment
  • Improper insertion, maintenance, or timely removal of central lines and urinary catheters
  • Failure to isolate patients with known infectious conditions
  • Inadequate environmental cleaning and disinfection
  • Antibiotic overuse contributing to resistant organism development
  • Understaffing that prevents proper infection control oversight

Georgia & South Carolina Legal Requirements

Hospital-acquired infection claims are a form of medical malpractice subject to the expert affidavit requirement in Georgia (O.C.G.A. § 9-11-9.1) and the Notice of Intent requirement in South Carolina (S.C. Code § 15-79-125). Georgia’s 5-year statute of repose (O.C.G.A. § 9-3-71) applies as an outer deadline.

Proving that an infection was hospital-acquired rather than community-acquired requires expert epidemiological analysis. Our attorneys work with infectious disease specialists to establish when and how the infection was contracted and whether the hospital’s infection control practices met the accepted standard of care.

Damages in Hospital-Acquired Infection Cases

Hospital-acquired infections can extend hospital stays by weeks or months, require additional surgeries, cause permanent organ damage, and in the worst cases result in amputation or death. Victims may recover compensation for all additional medical treatment, extended hospitalization costs, lost income, pain and suffering, permanent disability, and future medical care needs. Contact Roden Law for a free consultation — there is no fee unless we recover compensation for you.

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What to Do After Suspected Medical Malpractice

  1. Request your complete medical records in writing. From every provider and facility involved, not just the one you suspect. Ask for the full file including imaging, nursing notes, and orders. In a malpractice case the records largely are the case.
  2. Keep getting treatment — ideally from someone new. Your health comes first, and a second opinion may catch something correctable. A gap in treatment is also one of the first things a defense expert points to when arguing an injury was not serious.
  3. Write down what happened while you still remember it. Dates, who you saw, what you were told before and after, and who else was in the room. The written record is authored entirely by the other side; your account is not.
  4. Do not accept waived bills or a free corrective procedure in exchange for signing. It is a common offer. It is also sometimes paired with paperwork that ends your claim. Read what is attached, and have it reviewed before you sign it.
  5. Be careful with risk management and insurance adjusters. Those calls are documented and they are not made for your benefit. You are not required to give a recorded statement before speaking with an attorney.
  6. Do not assume a bad outcome is — or is not — malpractice. Medicine carries known risks, and a poor result on its own proves nothing. The question is whether the care fell below the accepted standard, and usually only a qualified medical expert can answer it.
  7. Contact an attorney early — the pre-suit requirements are slow. Georgia requires an expert affidavit filed with the complaint (O.C.G.A. § 9-11-9.1), and South Carolina requires a Notice of Intent to File Suit with an expert affidavit followed by mandatory mediation (S.C. Code §§ 15-79-125, 15-36-100). Locating the right expert and obtaining that opinion routinely takes months, and Georgia's deadline is two years. Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-545).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Medical Malpractice Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Hospital-Acquired Infection Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.