Not every doctor delivers care that is to the standards we expect. When this happens to you, it may be a case of medical malpractice.
Trey Harrell Auto Accident and Personal Injury Attorney has the experience and resources to help you when you’re injured — or your loved one has died — from medical malpractice. Our team will aggressively represent your Charleston medical malpractice case and guide you through claiming fair compensation for the damages you suffered.
Call 843-701-8029 to request a medical malpractice case consultation today.
What is Medical Malpractice?
Doctors don’t always find the ‘cure’ for every type of ailment. They may misdiagnose you or prescribe medications and treatments that make you feel worse instead of better. However, these aren’t always cases of malpractice.
To prove malpractice, you must show that the doctor failed to provide the recognized standard of care during treatment. You must also prove that the substandard care was the direct cause of your injury.
What are Common Types of Medical Malpractice Injuries?
Medical malpractice can be committed by doctors, dentists, nurses, chiropractors, pharmacists, surgeons, physician’s assistants and more. They can occur in a hospital, exam room, birthing center, surgical center, emergency room or in any other medical setting.
Injuries from medical malpractice can include:
- Surgical errors: Surgical errors are the most common types of medical malpractice injuries. Examples include when a surgeon operates on the wrong body part or performs a certain procedure to the wrong patient. Another instance is when the surgeon leaves a sponge or surgical tool inside the patient.
- Anesthesia errors: Anesthesia is given to a patient so they don’t feel pain during procedures. The amount of anesthesia given must be carefully monitored by the anesthesiologist and vitals must be kept track of throughout the procedure. Too much anesthesia can result in a brain injury, heart attack or death.
- Medication errors: Medication errors may occur if prescriptions are written illegibly or contain unclear abbreviations. Miscommunication among medical staff can also lead to medication errors.
- Emergency room errors: The emergency room can be a hectic place. The insane atmosphere is often combined with understaffing and a fatigued crew making errors likely to happen.
- Labor and delivery errors: Labor and delivery errors occur when the obstetrician fails to anticipate complications during the birth process. If a birth injury occurs, it can require expensive surgeries and treatment.
How to Prove Medical Malpractice
Medical malpractice is not easy to prove. A medical examiner will be brought in to establish whether the provider’s actions would be defined as a substandard of care. You must also have to establish that:
- A doctor-patient relationship existed showing that the doctor had a duty of care to the patient
- The provider violated that duty of care
- The patient was injured as a direct result of the provider’s violation
Medical Malpractice Statute of Limitations in South Carolina
Medical malpractice is a type of personal injury. As such, it is subject to South Carolina’s three-year statute of limitations.
In most cases, a three-year statute of limitations means you have three years from the date of the incident to file a personal injury claim to be granted compensation. The clock starts ticking on the day the incident happened.
But in a medical malpractice case, things are a bit different. Here the clock starts ticking on the date of discovery or the date when the victim realizes their injury was caused by the doctor’s substandard level of care.
Three years may seem like a long time, but the longer you wait, the harder it will be to recall the details of the event and to gather evidence. That’s why it’s advisable to contact a Charleston medical malpractice lawyer sooner rather than later.
What Kind of Damages Can You Collect in a Medical Malpractice Case?
Doctors are required to have malpractice insurance, and so patients can make a medical malpractice claim against these third-party companies.
The compensation you can receive will vary depending on your personal and professional situation and the extent of your injuries. However, it may include:
- Lost wages: This covers wages lost due to having to take time off work to recover from your injuries.
- Loss of earning potential: In some cases, your injuries may be so severe that they prevent you from working at your current job or from going back to work at all. If this is the case, the defendant will be responsible for compensating you for any discrepancy in income.
- Emotional pain and suffering: A medical malpractice injury can cause trauma that reduces your emotional state. It can be difficult to put a monetary value on these types of damages, but your Charleston medical malpractice lawyer will come up with a reasonable amount.
- Medical expenses: It may seem ironic for your doctor to be paying your medical bills, but if the malpractice requires ongoing medical care, the provider who caused your injuries will be responsible for damages.
Your Charleston medical malpractice lawyer will review your case and let you know how much you stand to make. He or she will see to it that you get the compensation you deserve.
How Your Charleston Medical Malpractice Lawyer Can Help
Medical malpractice cases are not the easiest to prove. You need a reliable lawyer on your side. The right lawyer will get medical experts to help you build a strong case for your damages to be covered.
If you are looking for a Charleston medical malpractice lawyer near you, contact Trey Harrell Auto Accident and Personal Injury Attorney.
Wielding experience in personal injury law and federal prosecution, he and his team will fight relentlessly to move your case forward. We treat medical malpractice cases with care, because your recovery matters to us.
Medical malpractice? Don’t delay. Call Trey today!