It is distressing for patients and families to learn when an injury has happened because of the negligent acts of a medical professional whom they trusted. Medical professionals are expected to act as a reasonable practitioner would under the circumstances.
If a medical professional fails to live up to what the law expects of them, they should held accountable. We pursue justice for South Carolina families affected by medical malpractice. At Hite Law Firm Trial Lawyers in Abbeville, we work with families to set things right when a medical professional has injured someone through their carelessness and incompetence. Reach out to us today to begin the legal process.
Examples of Medical Malpractice Claims
If a medical professional performs services improperly and you suffer a serious injury, you can sue for medical malpractice. Here are some other examples of errors that could meet the legal standard for malpractice:
- The failure to timely diagnose a medical condition
- The failure to obtain informed consent for a procedure
- Medication errors, such as prescribing an incorrect medication or dosage or failing to spot a potential conflict of medications
- Following an incorrect course of treatment
- Birth injury cases
The South Carolina Statute of Limitations for Your Medical Malpractice Case
Under South Carolina law, you do not have an unlimited amount of time to file your case. The law aims to be fair to defendants too, so it imposes a statute of limitations on your case. If you miss the deadline, you will entirely lose the right to pursue justice and compensation.
In South Carolina, the statute of limitations for medical malpractice varies depending on the circumstances. People do not always realize immediately that they have been injured by medical malpractice — such as when they learn months later that a surgery was botched. As soon as you become aware of the medical malpractice, you should seek counsel to find out your next steps. An attorney can advise you how long the statute of limitations is for your particular case.
Who Is Liable for Medical Malpractice?
You can sue any medical professional who has failed to uphold their duty of care that they owed to you or your loved one. In addition, you can also sue the hospital or medical officer where the medical professional worked. An employer is legally responsible for the negligent acts of their employers when they have been committed in the scope of their employment.
Most often, medical malpractice lawsuits are filed against doctors. In addition, you may also sue the following if their negligence has seriously injured you:
- Physical therapists
- Chiropractors, acupuncturists, and other alternative medical providers
- Nursing homes
- Mental Health facilities
These professionals will have medical malpractice coverage, so you will be dealing with their insurance provider.
How to Prove a Medical Malpractice Case in Abbeville
Medical malpractice is not necessarily easy to prove. There is a reason why you need an attorney who has experience in this particular case area. Your lawyer needs to know how to understand medical practice and complex scientific evidence.
The legal standard in a medical malpractice case is that you must show that the medical professional acted unreasonably under the circumstances. You must show that they violated the standard of care in that particular area.
At Hite Law Firm, we use your medical records to recreate what happened. We hire medical experts to compare what the doctor did with medically accepted or reasonable practices. Then, we can obtain crucial evidence that is in the defendant’s possession through the discovery process.
The doctor is not expected to be perfect, but they are expected to have exercised reasonable care. While mistakes can happen, they should not be the result of carelessness or lack of knowledge.
Damages in a Medical Malpractice Case
While justice is extremely important in a medical malpractice lawsuit, victims and their families are also looking to be compensated for the harm that they have suffered. Medical malpractice cases can lead to large settlements and jury awards in light of the severity of the victim’s injuries, depending on the amount of insurance coverage.
Some of the damages that you can receive in your medical malpractice case are below:
- The cost of the medical care necessary to treat your injuries
- Lost wages when your injuries keep you from working
- Pain and suffering for your physical and emotional ordeal
- Scarring and disfigurement
- Embarrassment and humiliation over your injuries
- The loss of enjoyment of the life that you had before your injury
In addition, in some cases you may also be able to receive punitive damages when the jury wants to send a message to the defendant. Punitive damages are rare, but they may be necessary in cases of extremely bad negligence or reckless behavior.
If your loved one died from medical malpractice, your family may be able to file a wrongful death claim to receive damages from your own personal injury of tragically losing your loved one.
Contact an Abbeville, SC Medical Malpractice Lawyer Today
Hite Law Firm Trial Lawyers will vigorously pursue accountability on your family’s behalf. We believe being heard and having your day in court is very meaningful to you and your family.
We do not take everything that doctors say as an undisputed fact. Instead, we will look closely into the circumstances of what happened to you or your loved one to help you determine whether you have a potential lawsuit against the doctor or hospital.