Charleston Medical Malpractice Lawyer

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Take it from a medical malpractice attorney – “Everyone makes mistakes,” right? Absolutely; ordinary people say and do the wrong things every day.

However, many expect more from doctors, imagining that medical training leads to perfection; unfortunately, no such perfection exists. Doctors, surgeons, nurses, medical technicians, and paramedics are human like all of us and occasionally make their own mistakes.

Though most doctors strive to do good work and treat patients well, exceptions exist. Studies estimate that as many as 200,000 people die each year in the United States due to some form of medical malpractice.

Despite our modern technologies and advanced hospitals, hundreds of thousands of people continue to die unnecessarily. In cases where negligence or recklessness caused the death, it’s reassuring to know that injured patients or their families can hold the responsible parties accountable for their actions.

Let our top-rated Charleston medical malpractice lawyers assist you with our extensive experience handling cases involving serious injury or death. We have helped clients across South Carolina recover millions of dollars for their injuries, and we may be able to help you, too.

It all starts with a free consultation.

How Our Charleston Medical Malpractice Attorneys Can Assist With Your Claims?

Guiding a medical malpractice lawsuit can be challenging for the victim and their family. Our Charleston medical malpractice attorneys are here to handle your case from start to finish, offering comprehensive support and expert legal representation.

Our services include:

Conducting a thorough investigation with the help of specialized experts.
Managing all communications on your behalf.
Negotiating settlements to ensure you receive compensation for all your damages.
Providing aggressive and experienced legal representation in court, if necessary.
Coordinating with healthcare providers to gather essential evidence.

The CEO Lawyer Personal Injury Law Firm has successfully used its knowledge and expertise to recover damages for our clients. Let us put our expertise to work for you.

Schedule your free consultation today and take the first step toward justice and recovery.

Why You Need Our Charleston Medical Malpractice Law Firm?

Facing a medical malpractice case can be overwhelming, especially when dealing with injuries and significant life changes. Hiring our experienced medical malpractice law firm early on can ease the burden of the lawsuit from your shoulders.

We will act as your legal advocate, supporting you every step of the way and significantly increasing your chances of securing the maximum compensation possible.

At the CEO Lawyer Personal Injury Law Firm, our medical malpractice lawyers are dedicated to helping you. Our team includes leading attorneys like Ali Awad, who has millions of followers on social media and guides people about personal injury matters.

Define Medical Malpractice

Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, or other hospital staff—deviates from the standards of their profession, leading to harm to a patient. This deviation could be due to negligence, errors in diagnosis, treatment, aftercare, or health management.

To establish a case of medical malpractice, several criteria must be met.

Firstly, it must be proven that a duty of care existed between the healthcare provider and the patient. Secondly, it must be shown that the provider breached this duty by acting negligently or incompetently.

Thirdly, there must be a direct causal link between the provider’s action (or lack of action) and the patient’s injury. Lastly, the patient must have sustained some form of loss, which could be physical, emotional, or financial.

Medical malpractice cases are among the most complex in personal injury law due to the medical and legal questions involved. The standards and practices in the medical community play a crucial role in determining whether malpractice occurred.

Patients who believe they have been victims of medical malpractice are advised to consult legal and medical experts to analyze the specifics of their situation.

Medical Malpractice Laws in South Carolina

Medical malpractice cases in South Carolina are governed by specific rules that differ from other personal injury claims. Here are some critical regulations every medical malpractice victim should be aware of:

Notice of Intent: Before filing a medical malpractice lawsuit, South Carolina law requires victims to submit a “Notice of Intent to File Suit,” identifying all defendants involved.
Expert Affidavit: Victims must also provide an affidavit from a qualified medical expert detailing at least one negligent act committed by the defendant.
Statute of Limitations: A medical malpractice lawsuit must be filed within three years of the negligent act or omission or three years from when the victim discovered or reasonably could have discovered the issue. However, except for cases involving a foreign object left inside a patient’s body, no medical malpractice claim can be filed more than six years after the negligent act occurred.
Mediation: After filing the notice and affidavit, victims must mediate with the defendants to attempt to resolve the dispute out of court before proceeding with a lawsuit.
Damage Caps: South Carolina law limits the amount of non-economic damages (such as compensation for pain and suffering) a victim can receive in a medical malpractice claim. This cap does not apply to economic damages, which include compensation for medical bills, lost wages, and other financial losses.

Are You Eligible to Pursue Compensation?

Medical malpractice cases are complex and challenging to pursue without the expertise of a licensed attorney. During a free consultation, we can help determine your eligibility for compensation by evaluating the four critical elements needed to prove a medical malpractice case:

Existence of a Patient-Doctor Relationship: You must demonstrate that your healthcare provider agreed to diagnose or treat your condition. This agreement establishes the provider’s responsibility to deliver a basic standard of care and act reasonably to prevent harm.
Negligence by the Healthcare Provider: We must show that your healthcare provider failed to meet the accepted standards of care in the medical community.
Injury Resulting from Negligence: It must be proven that the healthcare provider’s negligent actions directly caused your injury. You would not have suffered the injury if the provider had acted differently.
Damages Incurred Due to Injury: We need to establish that you incurred damages because of the provider’s actions. This can include additional medical costs, lost wages from missed work, and physical pain and suffering.

Your attorney must establish these factors to have a valid medical malpractice case. Contact our firm today to learn more and determine if you are eligible to pursue compensation.

Our team can guide you through the process of building a solid case.

Common Types of Medical Malpractice Cases in Charleston

Medical malpractice encompasses a variety of errors and omissions by healthcare professionals, which can lead to significant harm or even death for patients. Understanding these types can help patients be more vigilant about the care they receive.

Below are some of the most common types of medical malpractice. Awareness and understanding of these types of medical malpractice can empower patients to seek a second opinion when unsure about a diagnosis or treatment and to ask critical questions about their healthcare management.

Patients who suspect they have been the victim of medical malpractice should seek the advice of our legal professionals who specialize in medical malpractice cases.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis or delayed diagnosis remains one of the most common and dangerous forms of medical malpractice. When a medical condition is misdiagnosed, incorrect treatment may be administered, potentially causing harm.

Conversely, a delayed diagnosis can lead to a missed window for optimal treatment, significantly worsening the patient’s prognosis. Conditions frequently misdiagnosed include cancer, heart attacks, and infections.

Childbirth Injuries

Injuries during childbirth can affect both the mother and the newborn, ranging from minor bruises to severe, lifelong conditions. Common childbirth injuries include brain injuries (such as cerebral palsy and perinatal asphyxia), nerve damage, and fractures.

These may result from a healthcare provider’s failure to anticipate birth complications, not responding appropriately to signs of fetal distress, or not ordering a cesarean section when necessary.

Medication Errors

Medication errors can occur at various stages of healthcare delivery, including prescribing, dispensing, and administering medications. Errors may involve prescribing the wrong medication, giving an incorrect dose, or administering a drug to the wrong patient.

Such errors are particularly dangerous and can result in severe adverse reactions or death.

Surgical Procedures

Surgical mistakes are alarming forms of malpractice that can occur directly on the operating table. Examples include operating on the wrong body part, performing the wrong procedure, leaving surgical tools inside the patient, or causing nerve damage during surgery.

These errors can lead to infection, severe pain, and the need for additional surgeries.

Anesthesia Mistakes

Anesthesia mistakes can be fatal and occur before or during surgery. Common errors include administering too much anesthesia, using faulty equipment, failing to monitor the patient’s vital signs, or not taking patient histories that might predict adverse reactions to anesthesia.

Failure to Appropriate Treatment

When a physician correctly diagnoses a patient, but does not suggest or carry out the necessary treatment, this is known as failure to treat. This might happen in hospitals overwhelmed with patients where the staff fails to spend adequate time with each patient.

It can also occur if a healthcare provider is too quick in discharging a patient or fails to provide follow-up care.

Improper Follow-Up or Aftercare

Proper follow-up and aftercare are crucial for a patient’s recovery. Negligence in this area can include failing to provide instructions for post-operative care, not conducting follow-up appointments, or not reacting appropriately to complications.

This negligence can lead to infections, delayed healing, or non-healing of surgical sites.

Inadequate Consent

Healthcare providers must inform patients about the risks associated with procedures, treatments, or medication regimes. Failure to obtain informed consent before proceeding with a treatment or procedure can be considered malpractice, especially if the patient would have opted out had they been properly informed.

What Is Your Medical Malpractice Case Worth?

Determining the exact value of a medical malpractice case can be complex, as each case is unique. The worth of your claim generally depends on the severity of the injury and the expected recovery time.

If you have a valid case, you may be entitled to recover the following types of compensation:

Economic Damages

These damages cover the financial losses incurred due to malpractice. They can typically be substantiated with receipts and other documentation.

Economic damages may include:

Additional medical expenses
Costs of corrective surgery
Physical therapy
Rehabilitation costs
Hospital stays
Medical equipment
Prescription medication
Transportation costs to medical appointments
Lost wages from missed work
Loss of earning capacity
Funeral and burial costs (in cases of wrongful death)

Non-Economic Damages

These damages compensate for the pain and suffering experienced during and after the malpractice. They are generally more challenging to quantify and may include:

Physical pain and suffering
Mental anguish
Loss of quality of life
Loss of enjoyment of life
Emotional distress
Loss of companionship

In South Carolina, non-economic damages in medical malpractice cases are capped. If the claim is against a single healthcare provider, the cap is $350,000.

If the claim involves multiple healthcare providers or institutions, the total non-economic compensation cannot exceed $1,050,000.

Punitive Damages

Punitive damages are awarded in rare cases where the at-fault party’s actions were particularly severe or intentional. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

In South Carolina, punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater.

Is There a Time Limit to Pursue a Medical Malpractice Case?

Yes, in South Carolina, a statute of limitations sets a deadline for filing a medical malpractice claim. Generally, you must file a claim within three years of the incident that caused your injury.

However, if you did not immediately discover the injury, there is an exception: the three-year period begins when you reasonably should have discovered the injury. For instance, you might not realize an object was left inside you during surgery until later.

It’s important to note that proving you could not have reasonably discovered the injury can be challenging. Therefore, contacting a lawyer as soon as possible is important.

This will give your attorney ample time to build and file your case.

How Do Medical Malpractice Accidents Happen?

Medical malpractice can occur for various reasons, including:

Poor Communication – Effective communication among medical staff is crucial to avoid errors. For instance, staff must accurately maintain patient medical records, including medication administration times and dosages. Communication breakdowns can lead to severe patient injuries.
Fatigue – Healthcare providers often work long, intense hours, which can lead to fatigue. Lack of sleep can cause confusion, slow reaction times, and impaired problem-solving skills, increasing the risk of errors.
Operating Under the Influence – A medical professional under the influence of drugs or alcohol is not in the best condition to make critical health decisions. Impairment can lead to serious mistakes affecting patient care.
Disorganization – Disorganization within a clinic or hospital can lead to medical malpractice. Confusion about a patient’s treatment plan, allergies, or medication can result in harmful errors.

Talk to Our Charleston Medical Malpractice Lawyers Today!

At the CEO Lawyer Personal Injury Law Firm, we understand the challenges you and your family may face during this difficult time. Our top priority is always to act in our client’s best interests.

If you have a valid case, we are ready to manage every step of the legal process for you and provide guidance through any hardships you may encounter.

We offer a risk-free, no-obligation consultation to review your claim. We only charge for our services if we recover compensation for you.

There are no fees to discuss your potential claim or while we work on building your case.

Contact us today at (864) 664-3865 or schedule a complimentary initial consultation to learn how we can assist you. We’ll answer your questions and explain all of your legal options.

FAQs:

I was injured during surgery. How do I know if it was due to malpractice?

Surgical injuries can sometimes be a result of malpractice, especially if the injury was preventable or due to an obvious error, such as surgery on the wrong body part or leaving an instrument inside the body. Gather all medical records and speak with a Charleston medical malpractice attorney who can help determine if negligence was involved.

My child was harmed during childbirth. What are my legal rights?

Birth injuries can be devastating. If your child was harmed during childbirth due to the medical team’s negligence, such as failing to monitor the baby’s vital signs or delaying a necessary C-section, you may have grounds for a malpractice claim. Contact a Charleston medical malpractice lawyer who can help you review the medical records and pursue the appropriate legal actions.

The pharmacy gave me the wrong medication and I had a severe reaction. Can I sue for medical malpractice?

Yes, if a pharmacy dispenses the wrong medication and you suffer as a result, this can be grounds for a malpractice claim. Collect all evidence, including the prescription order, the incorrect medication provided, and records of any treatment received for the reaction. A medical malpractice lawyer can help you navigate the legal process to seek compensation.

Do I need a medical expert to file a malpractice claim?

Yes, South Carolina law requires that you have a medical expert witness to testify that the standard of care was breached by the healthcare provider in question. This expert will need to be qualified in the same field as the defendant. A skilled medical malpractice lawyer in Charleston can help you find the right expert for your case and manage all legal proceedings.