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When sick or injured, most people rely on their medical care providers to provide them with the care they need to recover. Most of the time, their trust is valid. However, in some situations, doctors, nurses, or even the hospital staff may cause harm instead of relieving it. This is deemed medical malpractice.
The term “medical malpractice” can legally define a personal injury inflicted by a medical professional. While thousands of people in South Carolina trust their doctors and other medical providers to treat their injuries and illnesses with safe and effective methods, the reality is that medical malpractice continues to be one of the most common causes of accidental injuries and deaths throughout the United States each year. Worse still, recovering compensation for medical malpractice is far more challenging than pursuing a standard personal injury claim.
If you believe a medical professional in the Charleston area is responsible for harming you or a loved one, you have the right to pursue accountability and compensation for the damages they caused. However, a medical malpractice case is very different from most other types of personal injury cases filed, and it is vital that you have legal representation you can trust to guide you through your case proceedings.
The team at Axelrod & Associates, P.A., has years of professional experience handling a wide range of personal injury cases on behalf of our clients, including medical malpractice suits. Our attorneys have more than 100 years of combined professional experience that we will put to work in your case, helping you prove liability for the harm you suffered and helping you recover as much compensation as state law allows for your damages. The sooner you consult our team, the sooner we can start building your case.
A medical malpractice claim is a unique type of personal injury case, and there are specific rules you must follow to file your case successfully. A few of the most commonly cited types of medical malpractice are:
Any type of medical malpractice claim will require meeting very stringent procedural rules. First, state law requires expert witness testimony for a medical malpractice claim. The plaintiff will need to find a medical professional who has similar board certifications to the defendant and can testify as to how the defendant committed medical malpractice. They must explain what the defendant did that constituted malpractice, or they must explain what the defendant should have done in the situation. Medical malpractice occurs whenever a medical professional fails to meet a patient’s standard of care through negligence or misconduct of any kind.
The plaintiff must obtain this expert witness testimony and convey the affidavit of merit from the expert witness to the defendant with their notice of intent to file suit at least 90 days prior to the actual filing of the case in court. At this point, it is possible for the case to proceed to settlement, or a trial may ensue if the defendant denies that they have committed medical malpractice.
The main objective of a personal injury case is to hold a defendant accountable for the damages they inflicted on a patient. It’s possible for a plaintiff to recover compensation for all economic losses they suffered from the incident, which may include:
Ultimately, you could recover much more than you may initially expect, and hiring the right attorney can make a tremendous positive difference in the outcome of your case. While state law is relatively restrictive when it comes to your ability to recover compensation, a good Charleston medical malpractice attorney is your most valuable asset when it comes to maximizing your total compensation.
The team at Axelrod & Associates, P.A., knows that you likely have many pressing legal questions pertaining to your impending medical malpractice case, and we want to help you approach this situation as confidently as possible. Every case is unique, and there is no single strategy that works for every medical malpractice claim. Our approach involves getting to know our client, learning the full extent of effects that the injury has had on their life, and helping them navigate the complex series of legal issues they will face as they seek compensation for the damages they suffered.
Whether you intend to sue a hospital or healthcare organization or you are planning to file suit against an individual private provider, our team can provide comprehensive guidance and support through every stage of your impending case until you secure the compensation you legally deserve.
A: You have the right to seek compensation for any damages you suffered from an incident of medical malpractice. However, this type of case is an especially challenging form of personal injury that requires the attention of a seasoned Charleston medical malpractice attorney. While it is a type of personal injury case, special rules apply that you must follow to succeed with the claim.
A: Every personal injury claim filed must meet the applicable statute of limitations. For medical malpractice suits, this statute is three years from the date an injury occurred. Alternatively, the statute of limitations may begin on the date you discovered the harm done to you if your injury was not immediately noticeable. There is also a six-year statute of repose for medical malpractice suits in South Carolina, meaning a victim has an overarching deadline of six years from the date the act occurred in which to file their claim, even if they discovered it much later.
A: There are restrictions on plaintiff compensation in medical malpractice cases. While the plaintiff has the right to seek full repayment of all economic losses they suffered due to the defendant’s actions, they are limited to about $540,000 per defendant for their pain and suffering. This limit applies even if they were permanently disabled by the defendant’s actions. In a case with three or more defendants, the plaintiff’s total pain and suffering compensation cannot exceed about $1.6 million.
A: You might think your case is straightforward enough that you can manage it alone, but attempting this would be a major mistake. Even if the fault for your injury seems perfectly clear to you, the reality is that a medical malpractice claim is one of the most inherently complex types of personal injury claims a person might face. It is imperative that you have legal counsel you can trust on your side to ensure you meet all the procedural requirements of your case and to ensure you uncover every available channel of recovery to maximize your compensation.
A: It’s natural to worry about the potential cost of hiring legal counsel if you are already struggling with the expensive economic impact of your medical malpractice injury. However, the team at Axelrod & Associates, P.A., can provide the legal counsel you need without adding to your financial concerns. We take these cases on a contingency fee basis, meaning you only pay our firm after we win your case, and there is no fee if we are unable to secure compensation for you. If we do take a fee, it will be a percentage of your final case award, ensuring that your legal expenses do not overtake your recovery.
A medical malpractice claim can be very difficult to navigate, but the right attorney on your side can significantly increase your chances of success. When you choose Axelrod & Associates, P.A., to represent you, you are investing in a dedicated legal advocate who can help you understand the unique details of your case and streamline the proceedings ahead of you. The sooner you connect with our team, the sooner we can begin working on your claim, so contact us today to schedule your consultation with a Charleston medical malpractice attorney.
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