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(843) 306-4144 (843) 306-4144 When you receive medical treatment, you expect the healthcare professional to do their best to ensure your safety and well-being. If a medical professional fails to adhere to a certain standard of care, a knowledgeable personal injury attorney could help you file a lawsuit under the state’s medical malpractice laws.
If your health condition was made worse or you experienced a new injury or illness due to a medical professional’s mistake, you should speak with a Charleston County medical malpractice lawyer right away.
Medical malpractice occurs when a healthcare professional fails to use a standard of care that is considered reasonable for someone in a similar situation or circumstance, according to S.C. Code Ann. § 15-79-110.
The state’s medical malpractice laws do not only apply to doctors, physicians, and surgeons. The statute defines healthcare providers to include nurses, osteopaths, dentists, pharmacists, chiropractors, optometrists, podiatrists, or similar licensed health care providers.
To succeed with a medical malpractice claim, an injured person must prove the medical professional deviated from an accepted standard of care. A court must also find this breach of care caused the plaintiff’s injuries.
Medical malpractice can occur in a doctor’s office, hospital, or healthcare facility. Some examples of actions or inactions by a medical professional that can lead to a medical malpractice lawsuit are:
Since this list is only a sample, anyone who suspects they were injured by malpractice should speak with a lawyer in Charleston County.
When an injured person can prove medical malpractice, they can potentially recover economic and noneconomic damages. Some examples of economic damages include compensation for:
An injured party can also pursue noneconomic damages for losses that are difficult to quantify, like:
Under state law, there is generally no cap on economic damages. However, noneconomic damages in medical malpractice claims are capped under the S.C. Code Ann. § 15-32-220. The cap changes yearly for inflation.
If the claim is against multiple medical providers and institutions, the noneconomic damage cap is just over $1.69 million per claimant. However, state law removes the cap when a defendant medical provider’s negligence was gross, willful, wanton or reckless.
Before an injured plaintiff can file a medical malpractice claim, they must follow certain procedures. The state has implemented certain measures to discourage frivolous medical malpractice lawsuits from making it to court.
A plaintiff must first provide the medical professional with a notice of intent to file a lawsuit, as required by S.C. Code Ann. § 15-79-125. This notice must identify the defendant parties and include a short statement of facts that show why the plaintiff believes they are entitled to compensation.
The injured person’s attorney in Charleston County must also sign the notice. Within 90 to 120 days of filing a notice of intent to file suit for medical malpractice, the parties must participate in a mediation conference to attempt a resolution.
The patient must file an affidavit of a medical expert witness with any complaint alleging professional negligence, per S.C. Code Ann. § 15-36-100. A medical expert is an individual who is licensed, board certified, and has the required qualifications, professional knowledge, and experience to give an opinion about acceptable medical standards.
The affidavit must identify at least one specific breach in care by the alleged defendant and give the factual basis for that claim. The state’s statute of limitations requires that a plaintiff file their medical malpractice suit within three years from when they discover the injury or harm.
If the injury goes undiscovered initially, a plaintiff must file a medical malpractice lawsuit within six years of receiving the medical treatment at issue.
Our legal team takes a hands-on, in-depth approach when working for our clients. Our lawyers have the skill and knowledge to handle your medical malpractice claims.
Contact us today to discuss your situation with a Charleston County medical malpractice lawyer.