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Medical malpractice is a special area of personal injury law pertaining to claims for damages filed against medical professionals. While medicine is inherently uncertain and there is a degree of accepted risk with every known procedure, there is a major difference between an honest mistake made in good faith during a complex medical situation and patient harm caused by professional negligence.
If you or a loved one recently sustained an injury because of a medical professional’s negligence or misconduct, this can form the basis for a medical malpractice claim. This type of personal injury case is subject to special rules that you must understand, and it is vital to know the value of having legal counsel you can trust for this type of case. The team at Axelrod & Associates, P.A., has extensive experience handling difficult personal injury cases on behalf of clients throughout the state, including medical malpractice claims. We can provide the legal support you need for your impending case and approach the situation with peace of mind.
Before you can file a medical malpractice claim in Columbia, there are two prerequisites you must complete. First, you must obtain expert witness testimony in the form of an affidavit of merit signed by a medical professional who holds the same or greater board certifications as the defendant. This individual must explain how the defendant breached the standard of care for the situation and caused harm to the patient. Second, you must serve advance notice of your intent to file suit at least 90 days prior to the filing of your case, and the affidavit of merit must accompany this notice to the defendant.
Your Columbia medical malpractice attorney can help arrange the expert witness testimony you will need to successfully file your case. At this point, it is possible for the case to proceed to settlement negotiations if the defendant accepts responsibility. Otherwise, the case will go to trial and a judge will make a final ruling regarding liability for the plaintiff’s damages and the extent of compensation owed to the plaintiff.
The term “medical malpractice” applies to any situation in which a medical professional failed to meet their patient’s standard of care, and this failure was the proximate cause of the patient’s injury. A few of the most commonly filed types of medical malpractice claims are:
These are only a few examples of the types of medical malpractice cases filed each year. Depending on the type of injury you suffered, you could be entitled to claim various types of compensation from the medical professional who caused your injury.
The objective of any personal injury claim is for the plaintiff to prove fault for their damages and recover compensation for those damages. However, state law limits some aspects of recovery in medical malpractice cases in ways that do not apply to most other personal injury claims. Your case may involve various types of damages, including:
You could be entitled to claim much more compensation than you initially expected, and the right attorney is an invaluable asset for the difficult proceedings ahead of you. When you choose Axelrod & Associates, P.A., to represent your case, you will have a compassionate legal advocate readily available to answer your questions and provide valuable support through every stage of your case. Our team will aim to settle your case if possible, but we have the litigation experience necessary to guide you through courtroom proceedings if necessary.
A: A medical malpractice claim revolves around harm a plaintiff suffered due to the professional negligence of a doctor, nurse, surgeon, or other medical professional. Every medical situation entails a standard of care or minimum level of medical treatment the plaintiff requires for their injury or illness. If a medical professional fails to meet the standard of care their patient requires through any form of negligence, and this negligence is the proximate cause of the patient’s injury, this constitutes medical malpractice.
A: It is difficult to determine an average settlement value for medical malpractice cases due to the fact that every case is unique, and every plaintiff faces a different range of claimable losses. Your Columbia medical malpractice attorney can help identify all the various damages you can seek from the defendant, enhancing your recovery as much as state law allows. Hiring legal counsel whom you can trust is the optimal way to maximize your case award no matter what type of medical malpractice you experienced.
A: South Carolina does not limit pain and suffering compensation in most personal injury cases, but medical malpractice cases are the exception. The current cap on pain and suffering compensation is about $540,000 per defendant, with a total cap of $1.6 million for a case with three or more defendants. This cap applies even if the plaintiff suffered permanent harm from the defendant’s actions. Your Columbia medical malpractice attorney can help you recover as much as possible for your pain and suffering.
A: You technically have the right to try to recover compensation for the medical malpractice you experienced on your own, but this type of case is especially challenging, and even standard personal injury cases involve a wide margin for error when it comes to self-representation. Hiring an experienced Columbia medical malpractice attorney not only makes facing your proceedings much easier, but you will also be more likely to maximize the total compensation you secure from the defendant. Your attorney can also streamline your proceedings, shortening the time it takes for you to recover your damages.
A: The team at Axelrod & Associates, P.A., takes medical malpractice claims and other personal injury cases on contingency, meaning our client only pays a fee after we win their case, and their fee is a percentage of the total compensation we recover on their behalf. If we are unable to recover compensation for your damages, there is no fee, so there is no risk to choosing our firm to represent your case.
Axelrod & Associates, P.A., has extensive experience handling a wide range of complex civil claims, including those that fall within the purview of medical malpractice law. We take time to learn each client’s unique story and create comprehensive, individualized strategies that aim for maximum recovery. You have a limited time in which to file your medical malpractice case. The sooner you connect with our team, the more time we have to work on your case. Contact us today to schedule your consultation with a Columbia medical malpractice attorney and learn how we can assist you with your recovery efforts.
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