What Is a Medical Malpractice Case?

Suffered a surgical error in Georgia or South Carolina? Our medical malpractice attorneys hold negligent surgeons and hospitals accountable for wrong-site surgery, retained instruments, and other preventable mistakes.

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

Surgical Error Claims in Georgia & South Carolina

Surgical errors are among the most devastating forms of medical malpractice. When a surgeon operates on the wrong body part, leaves instruments inside a patient, damages healthy tissue, or performs an unnecessary procedure, the consequences can be catastrophic and permanent. According to a landmark study published by Johns Hopkins researchers, medical errors — including surgical mistakes — are the third leading cause of death in the United States, claiming an estimated 250,000 lives annually.

At Roden Law, our surgical error lawyers represent patients across Georgia and South Carolina who are harmed by preventable surgical mistakes. These cases require specialized legal and medical expertise to prove that the surgeon deviated from the accepted standard of care and that this deviation directly caused the patient’s injuries.

Georgia & South Carolina Medical Malpractice Requirements

Medical malpractice claims in Georgia require an expert affidavit at the time of filing. Under O.C.G.A. § 9-11-9.1, the plaintiff must attach an affidavit from a qualified medical expert stating that at least one act of negligence occurred and identifying the specific standard of care that was violated. South Carolina imposes a similar requirement under S.C. Code § 15-79-125, requiring a Notice of Intent to File Suit accompanied by an expert opinion before a medical malpractice lawsuit can proceed.

Georgia also imposes a statute of repose for medical malpractice claims. Under O.C.G.A. § 9-3-71, claims must generally be brought within five years of the negligent act, regardless of when the injury was discovered, with limited exceptions for foreign objects left in the body.

Common Types of Surgical Errors

Surgical errors that may give rise to medical malpractice claims include:

  • Wrong-site surgery: Operating on the wrong body part, wrong side, or wrong patient
  • Retained surgical instruments: Sponges, clamps, needles, or other tools left inside the patient
  • Nerve damage: Severing or compressing nerves during the procedure, causing numbness, paralysis, or chronic pain
  • Organ perforation: Accidentally puncturing organs during laparoscopic or abdominal surgery
  • Excessive bleeding: Failure to control hemorrhaging during or after surgery
  • Post-operative infection: Failure to maintain sterile conditions or properly close incisions

Some surgical errors result in complications that require additional corrective surgeries, while others cause permanent disability or death. In fatal cases, our medical malpractice death lawyers can help the family pursue a wrongful death claim. Surgical errors involving anesthesia are addressed on our dedicated anesthesia error page.

“Never Events” and Hospital Accountability

The medical community classifies certain surgical errors as “never events” — mistakes so egregious they should never occur. Wrong-site surgery and retained foreign objects are the most commonly cited never events. The Joint Commission, which accredits hospitals nationwide, requires implementation of the Universal Protocol — including pre-surgical verification, surgical site marking, and a time-out before incision — to prevent these errors. When a hospital fails to enforce these protocols, it may share liability with the negligent surgeon.

Damages in Surgical Error Cases

Victims of surgical errors may recover compensation for additional corrective surgeries and medical treatment, lost income during extended recovery, pain and suffering, permanent disability and loss of function, emotional distress and diminished quality of life, and future medical care needs. Georgia caps non-economic damages in medical malpractice cases in certain circumstances, while South Carolina imposes caps under its tort reform provisions. Our attorneys work to maximize your recovery within these frameworks.

Contact Roden Law for a Surgical Error Case

Surgical error cases are medically and legally complex. Our attorneys work with board-certified medical experts to review operative reports, medical records, and hospital protocols to build a strong case for negligence. Contact Roden Law for a free consultation.

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

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 and entirely lawful 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 only a qualified expert in the same field 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). Locating the right expert and obtaining that opinion routinely takes months, and Georgia's deadline is two years. Roden Law offers free consultations.

Proving Your Surgical Error Case

To win a personal injury case involving suspected medical malpractice, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Surgical Error Cases

Victims of suspected medical malpractice injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Surgical Error Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. 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 § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 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.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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

Roden Law Surgical Error Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

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 Surgical Error 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.