Medical Malpractice Lawyer in South Carolina
Hiring a Medical Malpractice Attorney
Representing Victims of Medical Malpractice Across South Carolina
When you are in need of medical treatment, you trust that hospital staff, nurses, and doctors will treat your condition to the best of their abilities so you can recover. Most of the time, hospital personnel is amazing and does not make any medical errors. However, if a doctor’s error causes your condition to worsen, you need to contact a personal injury lawyer.
We will hold the doctor accountable so these kinds of mistakes do not harm any future patients. The South Carolina medical malpractice attorneys at The Brown Firm can examine your medical records and help you get financial compensation.
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What is Medical Malpractice?
When someone suffers an injury or wrongful death because of negligent care by a medical provider or a doctor error, it’s called medical malpractice.
It can be difficult to prove that the doctor or hospital was at fault for medical injuries or wrongful death, which is why you should hire a medical negligence law firm to handle your claim for damages.
South Carolina law requires you to show:
- The doctor or hospital failed to meet accepted standards of care
- This failure caused you harm
- Your damages are related to this failure
Medical malpractice can come in many forms, including:
- Birth Injuries – Injuries to the child and mother during the birthing process could be the result of medical malpractice. Health care providers could cause medical malpractice injuries like broken bones, brain damage, and even cerebral palsy due to medical error.
- Misdiagnosis | Failure to Diagnose – A very common medical mistake in South Carolina is when a health care professional administers an incorrect treatment or diagnosis that harms a patient. Or your doctor could fail to treat a condition in time. Emergency room errors are a common cause.
- Medication Errors – Prescription medication errors are a common form of medical malpractice. Medical providers may prescribe the wrong drug, a drug that interacts poorly with current medication, give an incorrect dosage, or a pharmacist may dispense the wrong medication. Anesthesia errors are also very dangerous and can have fatal outcomes.
- Surgical Errors – Surgical errors in South Carolina include operating on the wrong part of the body, making mistakes during surgical procedures that cause loss of bodily function or even paralysis, or not providing adequate post-surgery care. Post-operative infections can also be caused by malpractice.
If a medical professional in South Carolina violates the standard of care, you need a legal professional with experience in medical malpractice law.
If you think your doctor has been grossly negligent, call The Brown Firm. We’ll help you get justice!
What Are Negligent Actions in Medical Malpractice?
Medical treatments and surgeries can be harmful if not done properly. A negligent action is different than a negligent omission in that the medical professional has to do something that causes harm.
Negligent actions carried out by healthcare providers include:
- Incorrectly diagnosing a patient‘s disease or not providing a correct diagnosis. As a result, the medical practitioner may use medical practices that unnecessarily injure the patient.
- Inappropriate medicine and medication prescriptions may carry hazards that outweigh any potential advantages. Included are anesthesia mistakes that are very dangerous during surgical procedures. Malpractice can also take the form of anesthesia dose errors when overprescribing.
- Surgical errors might involve conducting an incorrect treatment, operating on the incorrect body part, carrying out a surgical technique incorrectly, or leaving foreign objects within a patient.
Some malpractice actions become obvious immediately after the error. Others take months to become obvious, and the patient suffers unnecessarily.
When a medical professional provides inappropriate treatment, the settlement can often be large since many judges will also award punitive damages to keep other medical professionals from making the same mistakes.
What Are Negligent Omissions in Medical Malpractice?
Sometimes, negligence manifests as omissions, inactivity, or the failure to perform a necessary medical procedure. Unlike negligent medical actions, the act of doing nothing causes the patient harm.
Medical professionals that don’t uphold their duty of care or don’t do something that they should be doing is also a form of medical negligence.
Omissions made by medical experts in South Carolina may consist of:
- Failing to diagnose or treat conditions on time
- Failing to recognize the significance of a patient‘s symptoms and complaints
- Failing to monitor patients properly
- Failing to treat patients‘ medical conditions with the proper medical care or make required referrals to other healthcare providers
- Failing to follow up with patients
- Failing to order the right tests or interpret results the right way
Filing a Medical Malpractice Claim in South Carolina
Like many legal matters, trying to file a medical malpractice case on your own can be nearly impossible. It will take the talents of an experienced legal team if you want to win your case and obtain a fair settlement.
To prove a medical professional was negligent to win a medical malpractice lawsuit, it is up to your medical malpractice law firm to demonstrate the following to the insurance companies:
- The medical professional or medical team owed the injured person a certain standard of care.
- The duty of care was breached.
- The patient was injured as a result of this breach.
- The patient suffered significant damages, such as pain and suffering, lost wages, or medical expenses due to sustained injuries.
Who To Sue In Medical Malpractice Claims
Not just doctors are defendants in a medical negligence cases. Anyone in the healthcare industry can make medical errors and be held responsible for them.
Every health care provider owes you a duty to care and should maintain acceptable standards. When these requirements aren’t met, unnecessary injuries that can have a profound impact on one’s life can occur.
There are cases where the doctor who is in charge of the patient does not necessarily bear responsibility. A nurse can administer an overdose of medication or an anesthesiologist may not properly monitor vitals during a surgery.
The defendants in your lawsuit may include the following, depending on the specifics of your case:
- Outpatient Medical Facilities
- Nurse Practicioners
- Physical Therapists
In our experience, most medical malpractice claims are brought against doctors, nurses, and hospitals.
What Can You Recover In a Medical Negligence Claim?
Unfortunately, a lawyer cannot heal the injuries caused by medical negligence. Instead, the law tries to make it right by awarding financial compensation for damages.
All losses brought on by medical negligence may be requested in a medical malpractice action.
Damages that you might sustain include:
- Loss of Income
- Pain and Suffering
- Mental Anguish
- Loss of Quality of Life
- Scarring and Disfigurement
- Past and Future Medical Bills
What Should You Do If You Believe You Are a Victim of Medical Negligence?
Delaing with medical injuries can be complicated and overwhelming. Most personal injury law firms offer free consultations so it doesn’t hurt to go over your case with a qualified medical malpractice attorney.
You could be eligible for economic damages, non-economic damages, and punitive damages, but the longer you wait to start your claim, the harder it can be to prove negligence.
When you hire a medical negligence law firm, they will communicate with the hospital and insurance providers on your behalf since the medical community has expensive attorneys that work to devalue your claim.
Your law firm can get started on your case right away and take measures to collect and protect crucial evidence. During the investigation, evidence like medical records and expert witness interviews will be composed, and you should make an effort to gather insurance statements, invoices, and medical records for your attorney.
Be ready to respond to questions like the following when you meet with a lawyer:
- Where did you receive treatment?
- Who provided the treatment?
- How has the treatment hurt you physically, emotionally, and financially?
- When did you receive treatment for the medical condition?
- Which medical issues led you to seek treatment?
- What treatment did the medical professional provide?
Medical Malpractice Statute of Limitations in South Carolina
The medical malpractice statute of limitations is the maximum amount of time after a medical injury in which legal proceedings may be initiated.
Across the United States, the amount of time varies based on the type of case and the state. In many states, a medical malpractice case has a two-year general statute of limitations.
In South Carolina, the general statute of limitations for medical malpractice lawsuits is three years.
That may seem like plenty of time, but the window of opportunity for filing a lawsuit will go by quickly, so you should speak to a medical malpractice lawyer right away.
There are two types of statutes of limitations for medical malpractice:
- Depending on the specifics of the claim, the court may grant a short extension for medical malpractice claims that result from a “failure to diagnose.” The three-year window in these situations starts when the injury is discovered.
- Medical malpractice claims resulting from a known injury must be filed within three years from the date of the injury.
Contact a Medical Malpractice Attorney
The legal staff at The Brown Firm represents clients who have suffered harm as a result of another party’s wrongdoing, including patients who have been the victims of medical malpractice.
A medical malpractice incident could be completely life-altering. Because of a hospital error, you can suffer from a brain injury or your family may even have to file a wrongful death claim.
Medical malpractice suits aren’t easy to win, so we also work with experts with a medical background for a thorough understanding of your case.
With regard to medical malpractice lawsuits, our knowledgeable attorneys have years of expertise. We recognize that each and every client has unique objectives, such as obtaining appropriate medical care or receiving payment for lost time at work.
All victims of negligence need an experienced attorney on their side. Our law firm’s superior customer service is backed by a team that genuinely cares about you and an attorney who has gratitude, understanding, and compassion for your specific circumstances.
Contact an experienced attorney today to determine if you are eligible for compensation in a personal injury claim.
If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way with legal advice and representation.
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Hilton Head Island
North Myrtle Beach
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