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
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:
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:
Breach of Duty
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.
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.
MEDICAL MALPRACTICE ATTORNEY SERVING
We understand that the legal process can be overwhelming and confusing, especially in a medical malpractice case. At David F. Stoddard Law Firm, we simplify everything so you can focus on your recovery, rather than worry about your case. If you believe you have been the victim of medical malpractice injuries that occurred in the Anderson area or anywhere else in South Carolina, contact us for a consultation.