Georgetown Medical Malpractice Lawyer

Georgetown Medical Malpractice Attorney

Medical and healthcare professionals are entrusted with patients’ care when they’re at their most vulnerable. For this reason, providers carry a burden of responsibility to offer accurate and appropriate care. If you believe that a medical or healthcare professional is responsible for causing you harm, it is important to contact a Georgetown medical malpractice lawyer as soon as possible. They can help make sense of your case, evaluate it, and advise you.

Georgetown, SC, Medical Malpractice Lawyer & Law Firm

Medical malpractice cases represent serious legal matters. It is important that those involved be held accountable. However, these cases vary greatly from other types of personal injury cases. The team at Axelrod & Associates, P.A., has extensive experience handling medical malpractice cases throughout Georgetown and surrounding areas. Our attorneys offer compassionate care mixed with aggressive representation in order to secure the most favorable outcome in your case.

What Is Medical Malpractice?

At its simplest, medical malpractice occurs when a healthcare professional fails to provide the kind of care required and expected of them. Malpractice can occur when errors are made in the following ways:

• Diagnosis. Failing to accurately diagnose a patient can have serious consequences. Treatment intended to make a patient well may be ineffective or instead cause harm. Delaying an accurate diagnosis could allow the issue to reach critical levels.
• Procedures. There are many potential risks involved in medical procedures, such as surgery and childbirth. Surgeons, doctors, nurses, and other healthcare professionals can face liability if they cause harm to the patient through incompetent performance. Harm to a newborn is especially serious, as a birth injury can lead to lifetime disability.
• Medication. Prescribing doctors can face liability for administering the wrong dosage or medication, which can cause potentially life-threatening consequences for patients. Misprescribing can be associated with misdiagnosis, but it can also happen on its own.

Operating on the wrong part of the body, addressing the wrong issue, or operating on the wrong patient altogether are all significant mistakes that constitute examples of malpractice. Inaction can also constitute malpractice, as well. Failing to diagnose or treat a condition that another medical professional would have reasonably caught could also be a case of malpractice.

Who Can Be Held Responsible for Medical Malpractice?

Any party that has a duty of care to provide healthcare can be legally held liable for damages they cause. This includes the following medical professionals:

• Physicians
• Nurses
• Pharmacists
• Dentists
• General practitioners
• Surgeons
• Physical therapists
• Medical technicians
• Mental health therapists

Each of these examples assumes that the professional meets the requirement of owing a duty of care and is operating in a standard medical environment. Some medical professionals would be exempt from claims of malpractice in abnormal situations, such as in an emergency. If a doctor steps in to help someone in a private or public location, such as at a restaurant, they could not be held legally liable if something were to go wrong.

How Does Negligence Factor Into Malpractice?

In order to establish that medical malpractice occurred, you have to prove that the other party was negligent. Similar to other types of personal injury law, this involves establishing the following:

• Duty of care. The healthcare professional owed you a duty of care to provide accurate and appropriate medical attention. This duty is implicit in nearly all healthcare provider and patient relationships, as all medical professionals are required by law to provide appropriate and accurate care to any patient receiving services.
• Dereliction. The healthcare professional failed to meet this duty of care or breached it in some way. This breach of duty, known as dereliction, means that the medical professional acted in some way outside of the expected standard. This means that another medical professional would not have acted in the same way if facing the same situation.
• Direct cause. The dereliction on the part of the healthcare professional directly led to the harm that was caused. Demonstrating the direct link between the negligent act and the harm is essential to a successful claim.
• Damages. The harm you suffered from the alleged malpractice consisted of legally recognized economic and non-economic damages. Keeping careful track of all medical records can play a crucial role in evaluating your case and garnering a fair settlement that covers the full extent of your damages.

Demonstrating that there was a definitive breach in the healthcare professional’s duty of care toward you is one of the more difficult aspects to prove in a medical malpractice case. Mistakes happen and may not necessarily constitute malpractice, even if you suffered harm. The key difference is whether another medical professional in the same situation would have acted in the same manner.

For this reason, when you file a medical malpractice claim, you must also include an affidavit of merit from a qualified medical professional. This affidavit is a critical requirement and serves to add validity to the claim by proving that there is a reasonable basis for the case and that negligence is apparent.

Why Hire a Medical Malpractice Attorney to Help in My Case?

Given the nuance and complexity involved in medical malpractice cases and the extensive documentation required, it is highly recommended you hire an attorney for the greatest chance of success in obtaining a favorable outcome. Proving negligence can be immensely difficult, and doctors and hospitals are often equipped with their own legal teams that are highly skilled in challenging allegations and getting cases dismissed.

Additionally, if you’ve suffered harm due to malpractice, you will need time and energy to recover. The strains of a personal injury case can add additional physical and emotional distress. Managing a legal case on your own can be overwhelming, and you risk adding unnecessary strain on yourself.

When a qualified and experienced lawyer works on your behalf, you can avoid missing important deadlines, ensure you meet all the requirements, and have an advocate fighting for you throughout the process. An attorney will not be hindered by the same burdens and can provide a clear and objective perspective on your case.

A qualified lawyer is particularly helpful when malpractice resulted in a wrongful death. You need someone who can manage a legal case without the significant emotional toll of processing the loss of a loved one.

FAQs

Q: What Should I Expect During a Medical Malpractice Lawsuit?

A: There are several stages of a medical malpractice case that you should expect to go through after filing. First, an investigation will ensue in order to gather evidence, witness testimony, and medical records. Then, a discovery phase will begin, during which time each side will exchange information, such as evidence and documents.

Some cases are often settled during subsequent negotiations before the case goes to court. Those that aren’t settled go to trial, where the case eventually concludes with a verdict.

Q: How Much Is the Average Medical Malpractice Award in South Carolina?

A: In Georgetown, SC,  the average medical malpractice award is around $320,000, though multiple factors could influence this amount. The severity of the injury and its impact on the victim’s life, the total cost of associated medical expenses, and the degree to which negligence was involved will all impact the final settlement award in a malpractice case. Every individual case is unique, and your attorney can help you evaluate what your case is worth.

Q: What Is a Notice of Intent for Medical Malpractice in South Carolina?

A: In South Carolina, the Notice of Intent is a formal legal document filed by the plaintiff to initiate a medical malpractice claim. The notice must name all healthcare providers being filed against and should show how and why the victim is entitled to compensation. The law requires this notice to inform medical professionals that they are being accused of medical malpractice. Failing to properly comply with a Notice of Intent could lead to your case being dismissed.

Q: What Four Elements Need to Be Present for a Malpractice Lawsuit to Be Filed?

A: In order to file a medical malpractice case, you must be able to demonstrate four points: duty, dereliction, causation, and damages. First, the defendant must have owed you a duty of care. Second, they must have breached that duty in some way (dereliction). Third, their failure to uphold their duty must have directly caused the injury. Lastly, you must be able to demonstrate that you suffered actual harm as a result of the breach of duty of care.

Contact Your Georgetown Medical Malpractice Attorney

Most personal injury cases are complex and difficult to navigate. A qualified and experienced attorney can have a significant impact on the outcome of your case. You only have a limited time in which to file a malpractice claim for your injuries, so it is advantageous to seek legal representation as soon as possible.

The team at Axelrod & Associates, P.A., is prepared to represent you in your medical malpractice case, work to earn you the compensation you deserve, and help you reach a full recovery. We have successfully recovered compensation for our clients who’ve suffered a wide range of injuries as a result of medical malpractice. Contact our office today to schedule a consultation.