You went into surgery hoping for relief and a better quality of life. Now you’re dealing with complications that you can’t shake off. It feels like something went wrong – something that shouldn’t have happened.
Can you sue for surgery complications in Georgia? The answer is yes, but it depends on the circumstances. Not every complication leads to a lawsuit, but you may have a case if your issues are severe and they stem from preventable errors or negligence. Understanding whether these complications could have been avoided will help determine your next steps.
Contact our Georgia medical malpractice attorneys by sending an online message or calling (706) 354-4000 today.
When Can You Sue If Surgery Goes Wrong?
Surgeons are expected to meet a high standard of care. They can be held accountable if they fail to do so and their actions — or lack of action — result in complications or severe injuries.
You may be able to sue for surgery complications in Georgia if:
- The complications arose because of a preventable mistake by the surgeon
- The surgeon provided care that fell below the standard expected of them
- The mistake caused significant harm, such as new health problems, medical bills, missed work, or a major impact on your life
If these factors apply to your situation, you may have grounds for a botched surgery lawsuit.
When Surgical Errors Lead to Complications
Not all complications are created equal.
Here are some situations where you can sue if surgery goes wrong:
- Performing the wrong procedure
- Operating on the wrong body part
- Leaving surgical tools or materials inside after surgery
- Accidentally causing damage to organs or tissues
- Failing to review or consider your medical history properly
- Providing inadequate post-surgical care or monitoring
- Operating while tired, distracted, or impaired
- Allowing inexperienced residents or fellows to handle critical parts of the surgery
These errors can lead to serious complications, extended hospital stays, and more surgeries, which may support surgery negligence claims.
Common Surgical Complications That Can Lead to a Lawsuit
Every surgery carries risks, but sometimes complications occur because a surgeon did not use the proper standard of care.
If you’re experiencing any of the following issues after your procedure, it could be a sign that something went seriously wrong:
- Nerve damage
- Uncontrolled bleeding
- Organ injury
- Severe nausea, vomiting, or dehydration
- Lingering pain
- Excessive pain and swelling at the incision site
- Post-operative infections
- Unexplained digestive problems
Surgical errors can trigger a cascade of problems. You might find yourself back in a hospital bed, facing additional procedures or medications you never anticipated needing. This can affect your health, strain your finances, and cause emotional distress.
What Compensation Can You Recover in a Surgical Error Lawsuit?
Surgical errors bring a crushing weight: mounting medical bills, lost income, and emotional turmoil. While undoing the harm is impossible, seeking compensation through a lawsuit can offer some financial relief and justice.
In a surgery complications lawsuit, you may seek economic damages for your monetary losses, such as:
- Medical expenses
- Lost wages
- Lost earning capacity
You can also seek noneconomic damages for more intangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
There are caps to noneconomic damages in Georgia. Consulting with an attorney can help you understand the potential value of your surgery negligence claim.
Georgia’s Statute of Limitations for Surgery Negligence Claims
In Georgia, you have two years from the surgery date or when you discover the injury to file a surgical error lawsuit. This is known as the statute of limitations. However, a stricter statute of repose gives you only five years from the surgical error to file a claim, even if you discover the issue later.
Consider John, who had spinal surgery for a herniated disc. Initially, his discomfort was dismissed as normal. Two years later, severe pain and mobility issues led to a diagnosis of nerve damage caused by a surgical error.
Since he just discovered the cause, John has two more years to sue. If he did not discover the injury for four years, he would have only one more year to file a claim, since the statute of repose won’t let him file more than five years after surgery.
There are exceptions. For example, if a surgeon leaves a foreign object inside you, you have one year from discovery, not from the surgery date, to file a lawsuit, even if it’s more than five years after surgery.
The statute of limitations for medical malpractice cases involving minors has specific provisions that extend the time to file a lawsuit. For children under five at the time of the injury, the two-year statute of limitations begins on their fifth birthday.
However, there’s also a statute of repose, setting an absolute deadline of their tenth birthday to file a lawsuit, regardless of when the injury was discovered.
For children five or older at the time of the injury, the standard two-year statute of limitations applies from the date the injury is discovered or reasonably should have been discovered. Additionally, the statute of repose is five years from the date of the surgical error.
For example, at the age of two, Ethan has spinal surgery that initially seemed successful. Years later, he developed pain and difficulty walking. At nine, a specialist discovered a surgical error had caused the problem. Due to the statute of repose, Ethan’s parents have until his tenth birthday to file a lawsuit.
How We Can Help with Your Surgery Complications Lawsuit
If you believe a surgical error has caused you harm, it’s crucial to get the help you need—both medically and legally.
For over 40 years, Blasingame, Burch, Garrard & Ashley, P.C. has stood up for Georgia patients who have faced complications due to surgical mistakes. We’ll investigate your case, work with leading medical experts, handle all the legal details, and go head-to-head with the insurance companies to help you get the compensation you deserve.
Call us today at (706) 354-4000 or contact us online for a free consultation. We’re here to help you take that first step toward healing and justice.
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