MEDICAL MALPRACTICE ATTORNEY IN ANDERSON, SOUTH CAROLINA

There are few situations more alarming than being injured while in medical care or during a medical procedure. Medical malpractice is a very real problem, and instances of it should be followed by fair and just compensation for victims of negligence. Medical malpractice cases typically involve serious injuries, mental and emotional suffering, and the requirement of short- or long-term care. A South Carolina medical malpractice attorney can help you recover from these losses.

These are some of the most difficult cases to prove and require a lot of resources and depth of knowledge. At the David F. Stoddard Law Firm, we know that the physical suffering and mental anguish that results from medical malpractice can stay with you for years after the actual incident. Our firm advocates for clients in Anderson, Northlake, Liberty, Pickens, and throughout Greenville County, South Carolina.

MEDICAL MALPRACTICE IN SOUTH CAROLINA

Medical malpractice takes place when a healthcare professional or provider neglects to give appropriate treatment, fails to take appropriate action, or provides substandard treatment that causes harm, injury, or death to a patient. Medical malpractice cases may be brought about due to:

• Improper use of medical equipment

• Using medical staff who do not have the proper training

• Failure to upkeep a sterile environment

• Allowing a medical professional to work while intoxicated

• Less than the minimum number of nurses working

• Complications when administering anesthesia

• Birth complications caused by improper techniques

• Negligent misdiagnosis 

• Failure to follow the accepted standard of care for an illness

• Administering incorrect drugs or incorrect levels of drugs

• Incorrect or unnecessary surgery performed

• Surgical items remaining in the body

Generally speaking, the deadline, known as the statute of limitations, to file a medical malpractice lawsuit in South Carolina is three years from the date of the procedure that caused the injury or from the date when the injury was discovered or should have been discovered.

WHO CAN BE SUED FOR MEDICAL MALPRACTICE?

Medical malpractice claims are very complex, mostly because of the sheer amount of medical professionals or entities that could potentially be at fault. Claims can be brought against one or more of the following in a medical malpractice case:

• A surgeon

• Attending nurses

• Medical technicians

• Pharmacists who fill prescriptions improperly

• A general physician who treated the patient initially

• A medical specialist

• A medical firm 

• A hospital where the surgery was performed

• A medical clinic or center

• A residential treatment facility

BASIC ELEMENTS OF A CLAIM

Any medical malpractice claim will have four basic elements:

• Duty

• Breach of Duty

• Damage 

• Cause

Basically, when a patient is treated by a healthcare provider, it establishes a duty between the two parties in which the provider must meet a certain standard of care. Then, the patient must prove that the provider breached the standard of care, leading to an injury that was directly caused by the provider. 

DAMAGES AVAILABLE

In medical malpractice cases, if you can successfully prove that a medical professional was negligent and that the negligence caused your injuries, you may be entitled to compensation for those injuries, including the following damages:

• Medical costs, including future and ongoing medical costs

• Lost income or wages

• Pain and suffering, including disfigurement, mental anguish, and other non-economic damages

• A spouse’s loss of companionship

• Punitive damages in exceptional cases

South Carolina places a cap, or maximum amount, of damages that an injured party can receive. Currently, there is a $350,000 cap on non-economic damages in any medical malpractice case against a single care provider or institution.