A Columbia jury reached a verdict of $10 million in a medical malpractice trial earlier this month for a plaintiff whose doctors had detected kidney cancer on scans but did not treat her for the cancer or even tell her about it for years.
By the time she learned of the cancer, it was too late for effective treatment and she did not survive. The five-year survival rate for early stage kidney cancer is higher than 80%, but it must be diagnosed and treated...
There is no justice in wrongful death cases. But, the attorneys for this woman's estate and her family helped them to find the only justice available: 1) financial compensation; and 2) the hope that this verdict will prevent similar deaths in the future.
SC Wrongful Death Claims
Any time a person is killed as the result of the negligent, reckless, or intentional acts of another person or corporation, their estate and survivors may file a wrongful death suit against the responsible parties.
Wrongful death lawsuits can arise in many different contexts. In the case linked to above, there was a medical malpractice claim which means that her death was caused by the negligent actions of her doctors. Other situations that could result in a SC wrongful death action include:
- Automobile accidents.
- Motorcycle accidents.
- Truck or eighteen-wheeler accidents.
- Swimming pool drownings.
- Slip and fall cases.
- Murder or homicide.
- DUI fatalities.
- Defective products.
- Nursing home abuse and negligence.
A wrongful death suit in SC can help the estate and survivors get compensation from the guilty party for both economic and emotional losses, and, in some cases, punitive damages for intentional or willful behavior by the defendants.
SC Medical Malpractice Claims
South Carolina, like most other states, has made it increasingly difficult for a person injured by a doctor's negligence to get compensated. Caps on damages and roadblocks that are designed to cut down on the number of lawsuits prevent many people from finding justice in these cases.
For example, a medical malpractice plaintiff must retain an expert witness before filing suit, they must serve a notice of intent to sue on the doctor or hospital, and they must mediate the case before they file the lawsuit. In most cases, this is a meaningless process that only serves to put the negligent doctors or hospital on notice and give them additional time to prepare a defense.
Medical malpractice claims can result from:
- Performing unnecessary medical procedures.
- Failure to diagnose.
- Failure to warn of risks.
- Negligence during a surgical procedure.
- Negligent prescriptions for dangerous drugs or medical devices.
The plaintiff (or their estate and survivors in a wrongful death action) can recover damages for medical costs, pain and suffering, scarring or disfigurement, psychological trauma, future medical expenses, lost wages, loss of earning potential, and any other expenses that were a direct result of the malpractice.
When the doctor's or hospital's actions were intentional or grossly negligent, a jury can award punitive damages to punish the defendant and to deter similar future conduct.
Myrtle Beach Medical Malpractice Lawyers
If you were injured or disabled because of a doctor's negligence, or if your loved one was killed by a doctor's negligence, the SC medical malpractice attorneys at Axelrod and Associates want to help you.