What Is a Medical Malpractice Case?

Suffered an anesthesia error during surgery in Georgia or South Carolina? Our medical malpractice attorneys pursue claims for dosage errors, intubation injuries, failure to monitor, and anesthesia awareness.

— 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.

Anesthesia Error Claims in Georgia & South Carolina

Anesthesia is a critical component of surgical care, and errors in its administration can have catastrophic consequences — from brain damage caused by oxygen deprivation to death from overdose or allergic reaction. The American Society of Anesthesiologists (ASA) has made significant advances in anesthesia safety, but preventable errors continue to occur when anesthesiologists, nurse anesthetists (CRNAs), and surgical teams fail to follow established protocols.

At Roden Law, our anesthesia error lawyers represent patients across Georgia and South Carolina who are harmed by negligent anesthesia care. These cases demand specialized knowledge of anesthesia pharmacology, patient monitoring standards, and airway management protocols.

Types of Anesthesia Errors

Anesthesia errors that may constitute medical malpractice include:

  • Dosage errors: Administering too much or too little anesthetic, leading to overdose or intraoperative awareness
  • Failure to review patient history: Ignoring allergies, current medications, or medical conditions that affect anesthesia tolerance
  • Intubation injuries: Damage to the teeth, throat, vocal cords, or trachea during airway management
  • Failure to monitor: Inadequate monitoring of vital signs including oxygen saturation, blood pressure, heart rate, and end-tidal CO2
  • Delayed response to complications: Failing to quickly address malignant hyperthermia, anaphylaxis, or respiratory distress
  • Anesthesia awareness: Patient regains consciousness during surgery while paralyzed and unable to communicate
  • Post-anesthesia negligence: Inadequate monitoring in the recovery room leading to respiratory arrest

Anesthesia errors frequently occur alongside surgical errors, and our attorneys evaluate both the surgical and anesthesia care in every operating room injury case.

Georgia & South Carolina Legal Framework

Anesthesia error claims are subject to the same procedural requirements as other medical malpractice cases. Georgia requires an expert affidavit under O.C.G.A. § 9-11-9.1, and South Carolina requires pre-suit notice and expert opinion under 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.

Liability may extend to the anesthesiologist, the CRNA, the supervising physician, and the hospital or surgical center. Georgia and South Carolina courts apply different rules regarding the liability of supervising physicians for CRNA negligence, and our attorneys navigate these distinctions to ensure all responsible parties are held accountable.

Brain Injuries from Anesthesia Errors

The most devastating anesthesia errors involve oxygen deprivation (anoxia or hypoxia), which can cause permanent brain injuries within minutes. When an anesthesiologist fails to maintain a secure airway, monitor oxygen levels, or respond to a breathing emergency, the resulting brain damage may include cognitive impairment, memory loss, personality changes, seizure disorders, coma, and death. These cases require expert neurology and neuropsychology testimony to document the full extent of the injury.

Anesthesia Awareness

Anesthesia awareness occurs when a patient becomes conscious during surgery but remains paralyzed by muscle relaxants and unable to alert the surgical team. Patients who experience awareness may feel pain, pressure, and hear conversations while being unable to move or speak. This terrifying experience frequently leads to post-traumatic stress disorder (PTSD), anxiety, sleep disturbances, and lasting psychological harm. Anesthesia awareness typically results from inadequate dosing or failure to use brain function monitors such as the bispectral index (BIS).

Contact Roden Law for an Anesthesia Error Case

Anesthesia error cases require immediate investigation to preserve anesthesia records, monitoring data, and medication logs. Contact Roden Law for a free consultation — our attorneys work with anesthesiology experts to build strong cases for maximum compensation.

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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 Anesthesia 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.