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.