Medical Malpractice Lawyers

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and that deviation directly causes injury. A bad outcome alone does not constitute malpractice — medicine involves inherent risks. However, if your provider made an error that a competent professional in the same specialty would not have made under similar circumstances, you may have a valid claim. Our attorneys consult with medical experts to evaluate your case.

Georgia has a 2-year statute of limitations for medical malpractice (O.C.G.A. § 9-3-71), with an absolute 5-year statute of repose from the date of the negligent act. South Carolina allows 3 years from the date of the act or 3 years from discovery, with a 6-year statute of repose (S.C. Code § 15-3-545). Exceptions exist for foreign objects left in the body and for minors. These deadlines are strict — contact an attorney promptly.

Georgia law (O.C.G.A. § 9-11-9.1) requires every medical malpractice complaint to include a sworn affidavit from a qualified medical expert stating that the standard of care was breached and that the breach caused the plaintiff's injuries. South Carolina has a similar requirement under S.C. Code § 15-79-125, requiring an expert opinion before filing. Without this affidavit, the court will dismiss the case. Our attorneys retain board-certified experts in every relevant specialty.

Yes. Hospitals can be held liable for malpractice under multiple theories: direct liability for inadequate staffing, poor training, or unsafe policies; vicarious liability for the negligence of employed physicians and nurses; and corporate negligence for failing to credential or supervise medical staff. However, many physicians are independent contractors rather than hospital employees, which affects liability. Our attorneys identify every potentially liable party.

Medical malpractice cases are expensive to litigate due to the need for expert witnesses, medical record review, life care planning, and extensive discovery. Cases typically cost $50,000 to $200,000+ in expenses before trial. At Roden Law, we advance all costs on a contingency basis — you pay nothing upfront, and we only recover fees and expenses if we win your case. This allows victims to pursue justice regardless of their financial situation.

Georgia does not currently impose a cap on medical malpractice damages. The Georgia Supreme Court struck down the state's $350,000 cap on non-economic damages in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt (2010). South Carolina also does not cap non-economic damages in medical malpractice cases, though punitive damages are limited to the greater of $500,000 or three times compensatory damages (S.C. Code § 15-32-530).

Medical malpractice is a specific type of professional negligence. While general negligence requires proving duty, breach, causation, and damages, medical malpractice requires the additional element of proving deviation from the accepted medical standard of care — which must be established through expert testimony. The procedural requirements are also stricter, including mandatory expert affidavits, pre-suit notice requirements, and in some jurisdictions, medical review panels.

Yes. Birth injuries caused by medical negligence — such as failure to perform a timely C-section, improper use of forceps or vacuum extractors, failure to monitor fetal distress, or medication errors during labor — are valid malpractice claims. These cases often involve catastrophic injuries like cerebral palsy that require lifelong care costing millions of dollars. The statute of limitations for minors is extended in both Georgia and South Carolina.

Signing a consent form does not waive your right to file a malpractice claim. Consent forms acknowledge the known risks of a procedure — they do not authorize negligent performance. If your provider deviated from the standard of care during the procedure, failed to disclose material risks (informed consent violation), or performed a procedure you did not authorize, you may still have a valid claim despite having signed a consent form.

Medical malpractice cases are among the longest to resolve, typically taking 2 to 4 years from filing to resolution. The extensive medical record review, expert consultations, depositions, and pre-trial motions require significant time. Some cases resolve through mediation or settlement, while others proceed to trial. We keep our clients informed at every stage and never rush a case at the expense of its value.