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Thousands of people in Florence and throughout South Carolina trust their medical care providers to treat them safely and effectively each year, and while most medical professionals uphold their duties and do their best for their patients, some unfortunately do not. Medical malpractice occurs whenever a medical professional such as a doctor, nurse, or surgeon fails to meet the standard of care their patient requires. “Standard of care” is the term used to define the minimum level of treatment a patient requires for their illness or injury.
If you or a loved one recently sustained any harm in a medical setting, you have the right to pursue compensation for your losses. A medical malpractice claim is a type of personal injury case, but there are special rules that apply to these cases that you must understand to succeed with your claim. The team at Axelrod & Associates, P.A., has years of professional experience handling all types of medical malpractice cases, and we are ready to put this experience to work for you in your recovery efforts.
While a medical malpractice case is a type of personal injury case, there are specific procedural rules you must follow for this type of case. First, you will need to secure expert witness testimony from a medical professional who holds the same or similar medical board certifications and other credentials as those of the defendant. This individual must provide an affidavit of merit that explains how the defendant violated the standard of care for the situation and what another reasonable medical professional likely would have done in the same circumstances.
After you secure this affidavit of merit, you must send it along with advance notice of your intent to file suit to the defendant at least 90 days prior to the actual filing of your claim. It’s vital to keep this deadline in mind as the state enforces a three-year statute of limitations on medical malpractice claims, meaning you have three years from the date your injury occurred in which to file your case. Additionally, there is a six-year statute of repose for these cases, so even if you did not discover your injury immediately, you have six days from the date the injury occurred in which to file your case against the defendant. An experienced Florence medical malpractice lawyer can help meet all applicable procedural deadlines in your case.
Medical malpractice occurs whenever a medical professional fails to meet the standard of care their patient requires. A few of the most common examples of this in Florence include:
If you are unsure whether a recent injury in a medical setting constitutes medical malpractice, it is vital that you consult an experienced attorney as soon as possible. They can help determine whether you have grounds to file a medical malpractice claim and, if so, assist you in building your case.
The main goal of any personal injury claim is to prove the full extent of the damages you suffered due to a defendant’s negligence or misconduct and to recover compensation for those damages. Once your attorney has helped you prove liability and gathered the materials needed to file your case, the next step in your recovery process is to identify all the damages you can seek from the defendant.
Like any other personal injury claim, a medical malpractice claim enables you to recover full repayment of any economic losses you suffered. These may include the cost of any corrective medical care you will need to recover from the harm done to you, as well as compensation for income you were unable to earn during your recovery. You also have the right to claim pain and suffering compensation, but state law limits this to about $540,000 per defendant and a total cap of $1.6 million for a case involving three or more defendants.
When you choose Axelrod & Associates, P.A., as your legal counsel for a medical malpractice case in Florence, you are investing in years of professional experience and a dedicated advocate who will readily answer questions and address concerns as they arise throughout your case. We will handle all the procedural aspects of your case while you focus on your recovery, and our goal is to help you recover as much compensation as the law allows for your damages.
You have a limited time in which to pursue your recovery, so it is vital that you connect with a Florence medical malpractice attorney as soon as possible to have the highest chance of success with your case. Our firm has many successful cases behind us because we take time to get to know our clients and learn how their experiences have changed their lives. The sooner you consult our firm for help, the sooner we can leverage our professional resources and experience in helping you recover from the malpractice you suffered.
A: It is possible to recover full compensation for all the financial losses you suffered because of medical malpractice. These may include your medical expenses for corrective treatment you need, as well as lost income if you cannot work after your injury. Additionally, you have the right to claim pain and suffering compensation, but South Carolina law caps this compensation per defendant in your case.
A: Although not strictly required by law, hiring an experienced Florence medical malpractice attorney is essential to reaching the optimal outcome of your case. The defendant in your claim will likely be represented by counsel, and it is vital that you do not enter this case without legal counsel of your own. The right attorney can make every aspect of your case easier to manage, and you will be more likely to maximize your total compensation with their help.
A: If you can prove that the defendant in your case failed to meet the standard of care you required in the situation, they are liable for all resulting damages. However, if they were especially negligent or caused the injury through professional misconduct of any kind, they may lose their medical license and even face criminal prosecution. Your Florence medical malpractice attorney can advise you as to how any such variables could influence your recovery.
A: The majority of medical malpractice claims filed in Florence end in private settlement negotiations. The private settlement process allows all parties involved to save time and money they would otherwise expend in litigation. As long as both parties are willing to compromise on a mutually acceptable solution, it’s possible to resolve their claim within a few weeks. However, if litigation is necessary, it can take several months to complete, and the final outcome rests in the hands of the judge.
A: The team at Axelrod & Associates, P.A., can provide comprehensive legal representation for your medical malpractice case without exacerbating your financial situation. We take these and other personal injury cases on contingency. This means you will not pay upfront attorneys’ fees and will only pay our firm a fee if and when we win your case. Your contingency fee will be a percentage of the total compensation we recover for you, so there is no risk of paying more for legal counsel than you win in compensation for your damages.
An experienced Florence medical malpractice attorney is a tremendous asset, no matter what your case entails. When you choose Axelrod & Associates to represent you, our team will work diligently to recover the evidence and testimony you may need to firmly prove liability for your damages, and we will do everything we can to maximize your recovery. Contact us today to make an appointment for a consultation with a Florence medical malpractice attorney and learn how we can help with your recovery efforts.
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