4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
Patients place a lot of faith in their healthcare providers. Many medical providers take this responsibility seriously and uphold the duty of care needed to protect patients and their health. However, there are some medical professionals who instead act neglectfully, carelessly, or even maliciously.
When this happens, patients can suffer long-term physical and psychological harm. Those who have suffered from these actions deserve compensation. If a practitioner’s negligence caused you to receive an injury, illness, or harmful condition, you can file a medical malpractice claim in Loris, SC.
A medical malpractice claim is generally the most complicated form of a personal injury claim. These claims allow you to recover medical costs, lost income, and other damages caused by an injury. If you lost a family member because of malpractice, you can file a medical malpractice wrongful death claim to hold those at fault responsible. These are not easy claims to navigate, especially when you are physically recovering or are grieving a loved one. An attorney is an essential asset when filing and pursuing a malpractice claim.
At Axelrod & Associates, we have zero patience for medical providers who are negligent when caring for a patient’s health and safety. We understand that, when you have suffered medical malpractice, you can feel exceptionally vulnerable. Our legal team treats you and your claim with the care, respect, and patience that you deserve. Our team has worked in the communities around Loris for many years, and we are proud to represent individuals and families in the face of medical professionals and institutions.
A medical malpractice claim is a personal injury claim that holds a medical professional legally and financially responsible for their actions or failure to act when treating a patient. This includes doctors, pharmacists, nurses, and surgeons. Medical professionals have a high standard of duty of care to their patients, and behaving negligently or carelessly can cause long-term injuries or wrongful death.
Negligence is a required aspect of a medical malpractice claim, but a medical professional can behave negligently without being liable for malpractice. To file a malpractice claim, the negligent actions must have caused real harm to the patient.
To succeed in a medical malpractice case, your attorney must prove the following:
Just because your healthcare provider gave you a diagnosis or treatment plan that you dislike or are upset with, it doesn’t constitute a malpractice claim. Negligence and harm are required for a claim.
Whatever party or parties are responsible for your injury, disability, or other condition can be held legally liable for damages. This includes medical providers such as:
You may also hold the healthcare institution that employed the practitioner liable for your damages. Your attorney can help you determine the ideal way to fairly maximize your malpractice claim.
A: The amount that you can obtain from a medical malpractice claim relies entirely on the calculable economic damages and the fair amount of noneconomic damages that are associated with your illness, injury, or condition. This may be anywhere from several thousand to several hundred thousand dollars. The damages that are coverable in a malpractice claim include but are not limited to:
A: The statute of limitations is the legal deadline you have to file a claim. In South Carolina, the limit for medical malpractice claims is 3 years from the date the incident occurred. If you were unaware of the injury, illness, or act of negligence on the day it occurred, you have 3 years from the day you know or should have known that you had a condition caused by medical negligence. There is still a time limit of 6 years from the date of the act of negligence. The only exception is malpractice claims where a foreign object was left in your body during surgery. The only limit that applies is 2 years from the date you discovered it.
A: Noneconomic damages have a cap in South Carolina, while economic damages do not. Noneconomic damages include pain and suffering or loss of quality of life. If the malpractice claim holds a single healthcare institution or provider liable, the cap for these damages is $512,773. If the claim involves holding multiple providers or institutions liable, the total cap is $1,538,319.
A: A medical malpractice claim can take anywhere from several months to several years. The timeline relies entirely on the individual claim, the injury, and the parties being held liable. If you suffered severe injuries, it may take more time to negotiate the settlement you deserve. Severe injuries also generally come with more complex and hard-to-predict medical complications, changing the damages that need to be negotiated.
If your claim can’t be resolved through negotiation, it will go to court, which takes much longer and is more expensive. A malpractice claim is likely to be more efficient if you are represented by a qualified attorney.
If you or a loved one was harmed due to the failure of a medical provider, Axelrod & Associates can help. Contact our team today, and we can help you calculate damages and fight for the compensation you need to recover.