Can You Sue for Internal Organ Damage After Surgery in Georgia?

All surgical procedures come with some level of risk. Before a patient goes into the operating room, they are informed of the risks associated with the procedure. Organ damage can be a known risk of a medical procedure, especially when the abdomen or pelvis is being operated on. However, sometimes, organ damage arises due to medical negligence. If you suffered organ damage after a surgery in Georgia due to medical negligence, you may have the right to file a medical malpractice claim and seek compensation.

Below, we clarify when organ damage may be considered medical malpractice, what you need to prove, and the compensation you can recover.

Defining Internal Organ Damage

Internal organ damage happens when a patient’s internal organs are injured during surgery. This can occur when an organ is cut, punctured, or harmed in another way. Any internal organ can suffer damage, including:

• Heart
• Liver or spleen
• Kidneys
• Pancreas
• Bladder
• Bowels

While organ damage can occur due to unavoidable reasons, sometimes it happens due to negligence. When this happens, the affected patient may have a valid malpractice claim.

When Is Internal Organ Damage Considered Malpractice in Georgia?

Not all complications are automatically considered medical malpractice. In other words, just because you suffered organ damage after a surgery, it does not automatically mean you can file a medical malpractice case.

In Georgia, to have a valid malpractice case, you must show that a healthcare provider did not meet the accepted standard of care. This means they failed to act in a manner that another medical professional in the same area of expertise would have acted in a same or similar situation.

Here are situations when organ damage may be classified as medical malpractice in Georgia:

• The surgeon operated on the wrong area or body part
• The surgeon performed the wrong procedure
• The surgeon operated on the wrong patient
• The surgeon failed to identify and repair an intraoperative injury
• A doctor ignored post-operative symptoms such as internal bleeding
• A foreign object, such as a sponge or needle, was left inside the patient’s body

Proving a Medical Malpractice Case in Georgia

In Georgia, to have a successful medical malpractice claim, the following elements must be established:

• The existence of a doctor-patient relationship
• The doctor failed to act within the acceptable standard of care
• Their behavior caused the organ damage
• The patient suffered measurable damages, such as medical expenses, pain and suffering, and lost income

A skilled attorney can help you gather the evidence you need to prove your case.

It is vital to note that in Georgia, a patient filing a malpractice claim must submit an expert affidavit stating that the healthcare provider’s actions fell below the accepted standard of care.

Recoverable Damages

If you succeed, you can recover compensation for both economic and non-economic damages, such as:

• Medical expenses
• Lost wages
• Pain, suffering, and emotional distress
• Reduced quality of life

If you’ve suffered organ damage and believe you have a valid malpractice case, you need to act fast, as Georgia law gives you only two years to file your case.

Contact Us for Legal Help

If you have suffered internal organ damage, contact our experienced Atlanta medical malpractice attorney at Carroll Law Firm to discuss your legal rights and options.