Surgical Error FAQs

First, request and preserve all medical records, operative notes, anesthesia records, and nursing notes. Do not sign any release presented by the hospital or its insurer without legal counsel. Photograph any physical evidence. Write down everything you witnessed before memories fade. Then contact Haug Barron Law Group at (844) HAUG-LAW or text (844) GET-HBLG as soon as possible. Time is critical: the statute of limitations may begin running

Yes. Under O.C.G.A. § 9-3-73, the statute of limitations for minors in medical malpractice cases is tolled and does not begin to run until the child’s fifth birthday, subject to an overall outer limit of seven years from the act of negligence. For catastrophic injuries to children — including brain damage, airway injury, or wrongful death — the value of these cases is enormous. Haug Barron Law Group is deeply experienced in pediatric medical malpractice and fights tirelessly for injured Georgia children and their families.

Ambulatory surgical centers (ASCs) and outpatient ENT clinics in Georgia are licensed healthcare facilities subject to the same standard of care as hospital operating rooms. If an outpatient facility lacked adequate resuscitation equipment, failed to staff a qualified anesthesiologist, or discharged a patient who should have been admitted to a hospital, the facility and its staff may be liable. Haug Barron Law Group investigates both the surgeons and the facility in every outpatient surgical malpractice case.

Georgia medical malpractice cases typically take between two and four years from filing to resolution, depending on the complexity of the case, the number of defendants, the schedule of the assigned court, and whether the case settles or goes to trial. James R. Haug and Colin A. Barron are aggressive trial attorneys who move cases forward efficiently and are fully prepared to try every case if a fair settlement is not offered. Many of the firm’s cases have been resolved for multi-million-dollar amounts well before trial.

Grady Memorial Hospital is operated by the Grady Health System, a public hospital authority. Malpractice claims against Grady may implicate ante litem notice requirements under O.C.G.A. § 36-33-5 and sovereign immunity defenses, which require careful legal analysis. Haug Barron Law Group is experienced in both public hospital and private hospital malpractice litigation throughout Georgia, including claims involving government-operated facilities. The firm’s attorneys will assess the specific procedural requirements that apply to your case.

Under O.C.G.A. § 9-11-9.1, a plaintiff filing a medical malpractice complaint in Georgia must attach an affidavit from at least one licensed healthcare provider competent to testify that the defendant deviated from the applicable standard of care. Failure to file this affidavit results in dismissal of the complaint. Haug Barron Law Group has long-standing relationships with nationally recognized expert witnesses in ENT surgery, anesthesiology, and pediatric critical care. We handle this requirement as part of our full-service representation.

Yes. Children’s Healthcare of Atlanta, including its Egleston and Scottish Rite campuses, is a private nonprofit hospital system subject to medical malpractice claims under Georgia law. Claims against CHOA must comply with O.C.G.A. § 9-11-9.1, which requires a supporting affidavit from a qualified medical expert at the time of filing. Haug Barron Law Group works with board-certified ENTs, pediatric anesthesiologists, and critical care physicians who can evaluate and support your claim.

Post-tonsillectomy hemorrhage is bleeding from the surgical site that typically peaks between post-operative days 5 and 10. Primary PTH occurs within the first 24 hours; secondary PTH occurs later. If not promptly recognized and controlled, PTH can cause hypovolemic shock, aspiration of blood, airway obstruction, hypoxic brain injury, and death. PTH is the most common cause of tonsillectomy-related fatality in children. Medical staff who fail to monitor patients, delay a return to the operating room, or discharge a patient too early may be liable.

In a Georgia medical malpractice case, you may recover economic damages including past and future medical expenses, lost wages, rehabilitation, and life care planning costs. You may also recover non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, O.C.G.A. § 51-4-2 allows recovery for the full value of the life of the deceased. In cases of gross negligence, punitive damages may also be available under O.C.G.A. § 51-12-5.1.

Multiple parties may bear liability, including the ENT surgeon who performed the procedure; the anesthesiologist or CRNA; the post-operative nursing staff; the hospital or ambulatory surgical center; and, in some cases, the pediatrician or primary care physician who failed to refer appropriately or clear the patient for surgery. Georgia’s joint and several liability rules and the Tort Reform Act of 2005 govern apportionment. Our attorneys analyze every potentially responsible party to maximize your recovery.

Common forms of tonsillectomy malpractice in Georgia include: failure to screen for bleeding disorders pre-operatively; anesthesia errors during intubation or recovery; failure to monitor oxygen saturation and airway patency post-operatively; delayed recognition and treatment of post-tonsillectomy hemorrhage (PTH); negligent discharge from the hospital before the patient is stable; failure to admit a patient in respiratory distress; and failure to timely respond to a nursing report of deterioration.

Tonsillectomy-related death in a child may constitute wrongful death under O.C.G.A. § 51-4-2 if medical negligence contributed to the outcome. Common causes include post-operative hemorrhage that was not timely treated, anesthesia errors, failure to monitor airway, or premature discharge. James R. Haug and Colin A. Barron at Haug Barron Law Group have secured multi-million-dollar verdicts and settlements in catastrophic and wrongful death cases. Call (844) HAUG-LAW for a free consultation.

Georgia families have filed malpractice claims related to tonsillectomy complications at hospitals across the state, including Piedmont Atlanta Hospital, Grady Memorial Hospital, Emory University Hospital Midtown, Northside Hospital Atlanta, Children’s Healthcare of Atlanta (CHOA) at Egleston and Scottish Rite, WellStar Kennestone Hospital, Emory Saint Joseph’s Hospital, and others throughout metro Atlanta and Georgia. If your child or loved one suffered a catastrophic injury or death following a tonsillectomy at any Georgia hospital, contact Haug Barron Law Group immediately at (844) HAUG-LAW.

Yes. When a surgical error occurs at a federal facility such as the Atlanta VA Medical Center, claims are governed by the Federal Tort Claims Act (FTCA) rather than Georgia state law. FTCA cases require a mandatory administrative claim before filing suit, and the procedures are different from standard malpractice cases. HBLG has experience navigating federal medical malpractice claims and will guide you through every step of the process.

Ambulatory surgery centers (ASCs) in Georgia are fully subject to malpractice liability. In fact, the Georgia Board of Community Health licenses and regulates ASCs, and the Universal Protocol applies at these facilities just as it does in hospital operating rooms. If a wrong-site, wrong-patient, or wrong-procedure error occurred at an outpatient surgery center, Haug Barron Law Group can investigate and pursue a claim against the ASC, the surgeon, and any other responsible parties.

Yes, in appropriate cases. The doctrine of res ipsa loquitur—meaning “the thing speaks for itself”—allows a jury to infer negligence from the nature of the injury itself, without requiring direct proof of exactly how the error occurred. Georgia courts have recognized that wrong-site surgery may give rise to this inference because operating on the wrong body part simply does not happen in the absence of negligence. Our attorneys have successfully deployed this doctrine in malpractice cases and can assess whether it applies to your situation.

Yes. Any Georgia hospital, including Piedmont Healthcare facilities throughout metro Atlanta and north Georgia, can be sued for medical malpractice when surgical never-events occur on their premises. Piedmont Healthcare is a large nonprofit system with substantial resources—resources that HBLG is fully equipped to match in litigation. We have the trial experience, financial resources, and expert network to take these cases to verdict if necessary.

Our attorneys and legal team immediately move to preserve and obtain: complete hospital and surgical records, operative reports, surgical consent forms, anesthesia logs, nursing notes, pre-operative checklists, time-out documentation, incident and variance reports, the hospital’s internal quality review findings, imaging studies, video footage where available, witness statements from surgical team members (through deposition), and expert opinions from leading surgeons and patient safety professionals. We leave nothing to chance.

Surgical never-events involving pediatric patients are among the most serious malpractice cases, and Children’s Healthcare of Atlanta (CHOA) is not immune from liability when its surgical protocols fail. For minor patients, the statute of limitations is tolled until the child turns seven, and then runs for two years (but no later than age 23 in most cases). HBLG has experience representing families of seriously injured children and will fight aggressively to recover the full measure of your family’s damages.

Liability can extend to multiple parties: the operating surgeon, the surgical team (residents, nurses, surgical technicians), the hospital as an institution, the anesthesiologist, and in some cases the surgical scheduling system vendor. Georgia law recognizes both direct hospital liability for systemic failures and vicarious liability for the negligence of employed staff. HBLG conducts thorough investigations to identify every responsible party and maximize your recovery.

Cases involving permanent disability from surgical never-events at WellStar Health System facilities can involve recoveries in the millions of dollars. Compensable damages include all future medical and personal care costs, lifetime lost earnings, pain and suffering, loss of enjoyment of life, and loss of consortium for a spouse. James R. Haug and HBLG have the litigation firepower to pursue the full value of catastrophic injury claims against large hospital systems.

Yes. The fact that the hospital caught and attempted to correct the error does not eliminate its liability for the harm you suffered in the interim. You endured an unnecessary surgical procedure, potential complications from anesthesia, pain and suffering, lost wages, and emotional trauma. All of that is compensable. The hospital’s admission that an error occurred is often powerful evidence in a malpractice claim.

Under O.C.G.A. § 9-3-71, you generally have two years from the date you discovered or should have discovered the surgical error. There is also a five-year statute of repose for most cases. These deadlines are strictly enforced by Georgia courts, and missing them can permanently eliminate your right to compensation. Because many patients do not discover wrong-site errors until after a second surgery reveals the mistake, the discovery rule is important. Contact Haug Barron Law Group immediately to protect your rights.

A wrong-patient surgery at Northside Hospital or any other Georgia facility is a catastrophic event giving rise to substantial malpractice liability. Preserve all documentation—including your hospital wristband, discharge instructions, and all communications from the hospital—and contact HBLG immediately. Request your complete medical records and do not sign any documents from the hospital’s risk management department without legal counsel.

Wrong-level spinal surgery is one of the most damaging surgical errors, often leaving patients with chronic pain, neurological deficits, or permanent disability—while the actual problem goes unaddressed. Cases involving Piedmont Atlanta Hospital and other major Georgia surgical centers have resulted in substantial multi-million dollar verdicts and settlements. The value of your case depends on the severity of your injury, the impact on your earning capacity, and your long-term care needs. James R. Haug and the HBLG team can assess the full value of your claim.

Yes. Surviving family members may bring a wrongful death claim under O.C.G.A. § 51-4-1 against the responsible surgical team and Grady Memorial Hospital. Grady, as a public hospital, is subject to both ordinary malpractice liability and special rules regarding ante litem notice to Fulton and DeKalb Counties. These notice requirements are strict and time-sensitive. Do not delay—call HBLG today.

Almost certainly, yes. Wrong-site surgery is a recognized “never event”, meaning it should never occur when proper protocols are followed. Whether your surgery was at Emory University Hospital, Emory Midtown, or any other Emory facility, if a surgeon operated on the wrong part of your body, that constitutes a prima facie deviation from the standard of care. You should contact Haug Barron Law Group immediately at (844) HAUG-LAW for a free case evaluation.