Surgical Error Lawyer
Surgical Error Attorneys in NC, SC & GA
Surgery always carries inherent risks, but when those risks are compounded by a surgeon's negligence, carelessness, or incompetence, the results can be catastrophic. Surgical errors — also known as never events because they should never happen — include wrong-site surgery, wrong-patient surgery, retained surgical instruments, nerve damage, organ perforation, and anesthesia errors. At Dr. Ted Injury Law, our surgical error attorneys represent patients who have been harmed by preventable surgical mistakes across North Carolina, South Carolina, and Georgia.
Surgical errors often require additional corrective surgeries, extended hospital stays, and lengthy recovery periods. Some surgical errors cause permanent disability, chronic pain, or death. Our attorneys work with surgical specialists and medical experts to determine exactly what went wrong, how it deviated from the standard of care, and what compensation our clients deserve.
Types of Surgical Errors
- Wrong-site surgery — Operating on the wrong body part, wrong side, or wrong level of the spine.
- Wrong-patient surgery — Performing a procedure intended for a different patient.
- Retained surgical instruments — Sponges, clamps, needles, and other instruments left inside the body after surgery.
- Nerve damage — Accidental severing, stretching, or compression of nerves during surgery.
- Organ perforation — Accidental puncture of organs such as the bowel, bladder, or blood vessels.
- Anesthesia errors — Wrong dosage, failure to monitor, failure to intubate properly, and allergic reactions.
- Infection — Post-surgical infections from non-sterile conditions or improper wound care.
- Unnecessary surgery — Performing procedures that were not medically indicated.
Proving Surgical Error
Surgical error cases require expert medical testimony to establish the standard of care, how it was breached, and how the breach caused the patient's injury. Our attorneys retain board-certified surgeons in the relevant specialty to review medical records, operative notes, and imaging studies.
State Laws
North Carolina
Rule 9(j) certification required. The statute of limitations is 3 years from the act with a 4-year statute of repose. Contributory negligence applies but is rarely relevant in surgical error cases since the patient is typically under anesthesia.
South Carolina
Notice of Intent to File Suit with expert affidavit required. The statute of limitations is 3 years with a 6-year statute of repose.
Georgia
Expert affidavit required with the complaint. The statute of limitations is 2 years with a 5-year statute of repose.
Hospital Liability
Hospitals can be held liable for surgical errors under several theories including respondeat superior (for employed surgeons), corporate negligence (for failing to properly credential, supervise, or monitor surgical staff), and negligent hiring. Even when a surgeon is an independent contractor, the hospital may be liable for systemic failures such as inadequate surgical safety protocols or insufficient staffing.
Compensation
Surgical error victims may recover for corrective surgeries and additional medical care, extended hospitalization and rehabilitation, lost wages during extended recovery, pain and suffering, permanent disability or disfigurement, emotional distress, and wrongful death. Our attorneys pursue every dollar our clients deserve.
Contact Us
If you have been harmed by a surgical error, contact Dr. Ted Injury Law for a free consultation. We handle surgical error cases on a contingency fee basis.
Related Case Results
Our client was driving home from work on Interstate 85 near Charlotte when an 18-wheeler whose driver had exceeded federal hours-of-service limits ran a red light at a highway interchange, causing a devastating multi-vehicle collision. Our client suffered a severe traumatic brain injury, multiple fractures, and required months of intensive rehabilitation. Through exhaustive investigation, we uncovered falsified driver logs and a pattern of safety violations by the trucking company. After a two-week trial, the jury returned a verdict of $12.5 million, one of the largest trucking accident verdicts in North Carolina history.
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
A commercial truck driver lost control of his vehicle on a steep descent near Asheville when the truck's brakes failed due to inadequate maintenance. The truck struck our client's vehicle head-on, killing the 38-year-old father of two. Our investigation revealed that the trucking company had repeatedly deferred required brake inspections and that the driver had reported brake issues weeks before the accident. We settled with the trucking company and the maintenance provider for a combined $8.7 million for the surviving family.
A construction worker at a high-rise project in downtown Charlotte fell 40 feet when his safety harness, manufactured by a major equipment company, failed due to a defective buckle mechanism. He suffered a catastrophic spinal cord injury resulting in permanent paralysis from the waist down. We pursued claims against both the equipment manufacturer and the general contractor, ultimately recovering $7.8 million through settlement. The case led to a voluntary recall of the defective harness model.