Medical malpractice is the failure of a physician to exercise the degree of care and skill that is ordinarily employed by the profession under similar circumstances. Our South Carolina Medical Malpractice Lawyers are continually looking to improve our representation and assist our clients in the different areas of medical negligence. Examples of medical malpractice include:
Cases for Medical Malpractice |
|
|---|---|
| Misdiagnosis | Brain Damage |
| Failure to Diagnose | Prenatal Care Negligence |
| Unreasonable Delay in Treatment | Prescription Errors |
| Failure to Obtain Informed Consent | Nursing Home Abuse |
| Surgical Errors | Anesthesia Errors |
| Birth Injuries | Laboratory Errors |
Degree of Proof
To prove medical malpractice in South Carolina, the plaintiff must show:
- the presence of a doctor-patient relationship between the parties;
- recognized and generally accepted standards, practices, and procedures which are exercised by competent physicians in the same branch of medicine under similar circumstances;
- the medical or health professional’s negligence that deviated from generally accepted standards, practices, and procedures;
- such negligence being a proximate cause of the plaintiff’s injury; and
- an injury to the plaintiff.
David v. McLeod Regional Medical Center, 367 S.C. 242, 626 S.E.2d 1 (2006).
What to look for in hiring a South Carolina Medical Malpractice Lawyer
1. Experience in dealing with doctors as experts
2. Knowledge of the injury you have
3. Prior experience with malpractice cases
4.Good support staff. Critical to gathering all the necessary documents for the case
5. Compassion for the client and the client’s family
6. Legal understanding related to proving a medical malpractice case
Proving the existence of medical malpractice will require the use of expert testimony to establish the standard of care for the particular profession. Depending on the particular case, the types of damages involved may include medical expenses, loss of income, emotional and mental anguish, pain and suffering, etc. Punitive damages are also recoverable in a medical malpractice case when a physician has been guilty of gross negligence, meaning that the physician acted in a reckless manner in treating the patient. Filing a medical malpractice claim can be difficult without the help of an experienced medical malpractice attorney. Medical malpractice law is very complex, and an experienced and knowledgeable malpractice lawyer is essential for your case to be handled correctly and efficiently. Our lawyers have years of experience in the areas of medical malpractice, personal injury, and wrongful death. We also have attorneys that have passed the bar in numerous states including South Carolina, Georgia, and Florida if you are seeking a medical malpractice lawyer in one of those jurisdictions.
Time Limitations
Most importantly, in South Carolina, the statute of limitations begins to run on the date the injury resulting from the wrongful conduct is either discovered or may be discovered by the exercise of reasonable diligence. A medical malpractice injury suit is generally subject to a three-year statute of limitations. However, there may be exceptions to this limitation period depending on the circumstances of your particular case. For this reason, it is important to contact a medical malpractice attorney as soon as possible to ensure that your case is not time barred. Our South Carolina medical malpractice lawyers are aware of the degree of proof that an injured party needs to establish in order to obtain relief. We seek to hold the negligent party responsible for their error(s), and ease the injured party and/or family’s financial burden. If you believe that you or a loved one have been the victim of medical malpractice, please contact our South Carolina medical malpractice lawyers at The Mace Firm today for a free consultation or contact us online.
