Medicine is a complex field where even minor errors can lead to severe consequences. If you’ve suffered due to a medical mistake, you might be facing serious injuries, increased medical expenses, loss of income, and ongoing pain that affects your quality of life.
If you believe a preventable medical error has harmed you, The CEO Lawyer Personal Injury Law Firm in Greenville supports your quest for justice and compensation. Our lead attorney, Ali Awad, leverages his insurance defense experience to effectively counter the opposition’s tactics.
Attorney Awad deeply understands the other side’s strategies and our firm’s dedication to treating each client with the highest respect and compassion.
You deserve compensation for your suffering. Visit us online or contact our Greenville Medical Malpractice Law today to discuss your case.
We offer free consultations to help you understand your legal options.
Importance of Approaching Our Greenville Medical Malpractice Attorneys?
Suppose you suspect you have suffered an injury due to medical negligence in Greenville, SC. In that case, consulting with a medical malpractice lawyer as soon as possible is essential.
Medical malpractice cases in Greenville are intricate and demand the expertise of a seasoned personal injury lawyer to ensure proper handling of your claim.
At the CEO Lawyer Personal Injury Law Firm, our medical malpractice attorneys in Greenville, South Carolina, will clearly explain the legal process, ensuring you are fully informed about the status of your case at every stage.
The legal process for medical malpractice claims begins with filing a Notice of Intent to File a Suit. This notice details the healthcare providers involved, outlines the basis of the claim, and describes the legal remedies sought.
Following this, an Affidavit is required. This document, prepared and signed by a certified medical professional, must specify the alleged negligent act or omission and its consequences, establishing the foundation for your claim.
You have three years from the date of the injury to initiate a medical malpractice claim. Filing the Notice of Intent will pause the statute of limitations, giving our medical malpractice attorneys in Greenville the necessary time to collaborate with medical experts to strengthen your case and strive for the best possible outcome.
Benefits of Hiring Our Greenville Medical Malpractice Law Firm
One key benefit of engaging with the CEO Lawyer Personal Injury Law Firm is its expertise in evidence collection. This involves obtaining and analyzing medical records and coordinating with medical experts to assess whether medical negligence or malpractice occurred.
Our attorneys effectively counter the claims of defense doctors who may argue that no negligence or malpractice occurred.
Our skilled Medical Malpractice lawyer also quantifies both economic and non-economic damages. Economic damages include past and future medical expenses, care costs, and lost wages (both past and future).
We may collaborate with expert economists to calculate these costs accurately to the medical-legal standard, presenting the current value of these damages for jury consideration.
Moreover, our Greenville medical malpractice lawyers play an essential role in substantiating non-economic damages such as pain and suffering, loss of enjoyment of life, and sometimes loss of consortium. Loss of consortium refers to the compensable losses experienced by a spouse due to the injured person’s limitations following the incident, encompassing a range of lost services and support.
What Actually Is Medical Malpractice?
Under S.C. Ann. § 15-79-110(6), medical malpractice is defined as conduct by a healthcare provider that deviates from the standard of care expected of a “reasonably prudent healthcare provider or healthcare institution.” Examples of such behavior include:
- Refusing to perform necessary diagnostic tests
- Misinterpreting or disregarding the results of diagnostic tests
- Failing to inform you about the risks associated with a specific treatment
- Not coordinating with other healthcare providers results in unsafe, unnecessary, or contradictory treatments
- Delaying necessary treatment
It’s important to differentiate medical malpractice from unsatisfactory medical outcomes, which alone do not constitute grounds for a lawsuit. For a situation to qualify as malpractice, there must be evidence of negligence or intentional wrongdoing by the healthcare provider.
Common Types of Medical Malpractice
Medical malpractice in South Carolina encompasses a variety of errors, including:
- Medication Errors: This includes any mishap in which doctors, pharmacists, and nurses administer incorrect medication or the wrong dosage or fail to foresee dangerous side effects. Such errors can exacerbate a patient’s condition due to improper treatment.
- Surgical Errors: Despite being categorized as “never events,” surgical mistakes such as operating on the wrong site or patient or performing incorrect procedures occur with troubling regularity.
- Foreign Objects Left in Patient: Post-surgical complications can arise from objects like scissors, clamps, sponges, or gauze left inside a patient’s body. We are currently representing two women who had scissors left inside them by the same surgeon, which were not discovered until several months later.
- Anesthesia Errors: Proper monitoring of patients under anesthesia is crucial. Inadequate anesthesia can cause a patient to endure severe pain silently, while excessive anesthesia can lead to difficulties in waking up or even a coma.
- Emergency Room Malpractice: Errors in the emergency room can include delayed or missed diagnoses, incorrect or omitted tests, and inadequate patient monitoring post-procedure.
- Hospital Malpractice: Hospitals may be held accountable for the mistakes of their staff, though establishing liability is complex, especially when dealing with contractors. Common hospital errors include poor patient monitoring, medication and surgical errors, inappropriate or wrong tests, and lab mistakes.
- Delayed Diagnosis or Misdiagnosis: These errors can be particularly detrimental as they might lead to unnecessary or harmful treatments while preventing necessary care, potentially resulting in fatal outcomes.
- Birth Injuries: Given their vulnerability, infants require utmost care during delivery. Errors can include improper use of birthing tools, delays in performing necessary C-sections, inadequate monitoring during labor, and rough handling during delivery.
Knowing these common types of medical malpractice can help you identify if you have been a victim and guide you in seeking legal recourse.
Common Parties at Fault in Medical Malpractice Claims
Here are some of the most common parties who may be at fault in medical malpractice claims:
- Doctors
- Surgeons
- Nurses
- Nurse Practitioners
- Anesthesiologists
- OB/GYN Doctors
- Specialists
- Physical Therapists
- Plastic Surgeons
- Psychiatrists
- Mental Health Counselors and Therapists
- Dentists
- Physician Assistants
- Chiropractors
- Alternative Medicine Providers
In addition to individual healthcare providers, the facilities they work for, such as hospitals or clinics, can be held responsible under vicarious liability. Vicarious liability means that an entity is accountable for the negligent actions of its employees due to their obligation to supervise and oversee these individuals.
Identifying all at-fault parties is critical for a successful medical malpractice claim, ensuring you can seek full compensation for your injuries and losses.
Types of Compensation Available After a Medical Malpractice Injury in Greenville
Each medical malpractice claim in Greenville, SC, is unique, so the compensation for injured clients will vary. In South Carolina, compensation for medical malpractice cases can be divided into two main categories: economic and non-economic damages.
Economic Damages
Economic damages are tangible financial losses and may include:
- Medical Expenses: This includes all medical costs incurred due to the malpractice and any future medical requirements.
- Lost Wages: Compensation for the income lost while recovering from the injury.
- Loss of Future Earning Capacity: If the injury affects the ability to earn in the future.
- Partial or Full Disability: Financial support for disabilities resulting from the malpractice.
- Temporary or Permanent Disability: Compensation for temporary or permanent disabilities caused by the malpractice.
Non-Economic Damages
Non-economic damages cover intangible losses and may include:
- Physical and Mental Pain and Suffering
- Emotional Distress
- Diminished Quality of Life
In South Carolina, the financial recovery for non-economic damages in medical malpractice cases is limited to $350,000 for claims against a single care provider or institution and to $1.05 million.
How Long Do You Have to File a Medical Malpractice Claim?
A statute of limitations in South Carolina sets a deadline for filing a medical malpractice lawsuit. Failing to file within this period means losing the right to seek compensation, regardless of the strength of the claim.
According to Section 15-3-545 of the South Carolina Code of Laws, the general rule is that a medical malpractice lawsuit must be filed within three years of the injury occurring or when it should have been reasonably discovered. However, this period may be shorter, often requiring action within two years of the injury or the date it should have been identified.
The statute of limitations may be extended for children and minors affected by medical negligence. The deadline is paused until the minor reaches the age of majority, but it cannot be paused for more than one year after they turn 18 and never beyond seven years from the incident.
Given these variations, it’s important to consult with a legal professional to determine the specific limitations applicable to your case.
How Does a Medical Malpractice Claim Work?
Pursuing a medical malpractice claim in South Carolina involves several required steps and can extend significantly.
The process usually starts with these initial actions:
- Obtaining Medical Records: You must gather all relevant medical documents regarding the treatment.
- Expert Review: Have your medical records reviewed by medical experts who can assess the standard of care you received.
- Witness Interviews: Collect statements from witnesses who were present or involved in the care you received.
Following the preliminary investigation, our attorney will file a lawsuit, known as a complaint. This complaint is typically lodged with the Circuit Court in the county of South Carolina, where the alleged malpractice occurred.
In certain circumstances, it may also be filed in a federal court.
In Greenville, the complaint must be accompanied by an affidavit from a medical expert witness. This affidavit must detail the standard of care expected and illustrate how this standard was breached.
While many medical malpractice claims are settled out of court, some may proceed to trial if a settlement cannot be reached. If your case goes to trial, our legal team will focus on proving the medical professional’s liability and determining the compensation you deserve.
Once a settlement or court verdict is obtained, our lawyer will manage the final steps, which include settling any related claims, accounting for legal fees and other costs, and disbursing the funds you are entitled to receive.
The Actual Worth of Your Medical Malpractice Case
Several critical factors determine the potential value of a medical malpractice case. The severity of injuries is a primary consideration; more severe injuries usually require extensive medical treatments or surgeries, leading to higher compensation due to the increased need for comprehensive care and rehabilitation.
The certainty of liability also significantly impacts settlement amounts. When medical professionals or their employers are liable, they may agree to a higher settlement, whereas uncertain liability might reduce the settlement amount or complicate the settling process.
Whether the case settles or goes to trial also influences the compensation, as settlements are common when an insurer identifies a breach in standard care, and jury verdicts can sometimes exceed $1 million depending on the severity of the injury.
Additionally, cases that draw considerable public attention or involve high litigation costs may push insurers and involved parties to settle to avoid public scrutiny or reduce expenses. Each factor—from the gravity of the injuries and liability certainty to strategic decisions about settling or going to trial—is essential in determining a case’s value.
Victims should seek skilled legal representation to manage these complexities and secure just compensation.
Our Greenville Medical Malpractice Lawyer Can Help with all your Claims!
If you or someone close to you has suffered due to the negligence of a medical professional, it is important to seek legal assistance immediately. The CEO Lawyer Personal Injury Law Firm has a compassionate and dedicated lawyer who understands the impact of such injuries.
We are ready to hear your story and stand up for your rights in the face of any attempts by insurance companies to contest your claim.
You can contact our Greenville Medical Malpractice lawyer for a free and confidential consultation. Call us (864) 664-3865 now for a free initial case consultation to discuss the details of your claim and your legal options.
FAQs:
- Do you need a lawyer to file a medical malpractice claim in Greenville?
While it is legally possible to file a claim independently, medical malpractice cases are typically complex and require a thorough understanding of legal and medical issues. Our experienced medical malpractice lawyer can help handle the legal system, gather necessary medical expert testimony, and increase the likelihood of a favorable outcome.
- How long must you file a medical malpractice lawsuit in Greenville?
In South Carolina, the statute of limitations for medical malpractice claims is generally three years from the date the injury occurred or when it should reasonably have been discovered. However, there are exceptions, so discussing your situation with a lawyer is critical to ensure a timely filing.
- What is considered medical malpractice in Greenville?
Medical malpractice occurs when a healthcare provider deviates from the standard of care in treating a patient, causing harm or injury. This can include diagnosis, treatment, aftercare, or health management errors. It’s essential to consult a medical malpractice lawyer to understand if your case qualifies under South Carolina law.
