4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
When you go to the doctor’s office, you should expect to be safe and in the hands of a professional who will cure your issue or put you on the road to recovery. However, this process is not always so smooth, and you may end up feeling worse than you did when you went. In these instances, you may need to speak with a Marion medical malpractice lawyer to discuss the case and get you the help you need.
At Axelrod & Associates, we have experience handling medical malpractice cases and helping victims get the assistance they need. You may be able to seek benefits to help you get additional medical attention and make up for lost income after the malpractice.
At Axelrod & Associates, we strive to provide comprehensive coverage to our clients. We offer services in a bit of everything, from product liability to medical malpractice. We can work tirelessly to get you the help you need, no matter the issue you’re dealing with.
Our team has over 100 years of combined experience working in the legal field, and we’ll be able to set you up with an attorney who can represent you and work to fix your issues. We cannot guarantee a massive victory, but we’ll give you a much better chance than if you go it alone or choose to hire a less qualified law firm.
Medical malpractice laws seek to protect people from abuse and negligence when seeking medical care. Malpractice laws are strict and seek to only come into play when something goes wrong that a doctor should have prevented.
Doctors are humans, just like the rest of us. As such, there is only so much they can do for a patient, especially a patient with a poor prognosis to begin with. Medical malpractice is not just something you file a claim for when someone dies in the hospital. You need to prove that the doctor acted with negligence or malice and did not provide proper care for a patient.
For instance, if a doctor tries an experimental treatment without a patient’s consent that no other doctor would have tried, and the patient’s condition gets worse, this could be grounds for a medical malpractice claim. However, if the doctor follows the proper procedures and the patient’s condition deteriorates, this likely won’t lead to any malpractice litigation.
Just like any other type of personal injury, medical malpractice needs to demonstrate negligence that led to injury, sickness, or death to hold up in court.
It’s not always easy to tell medical malpractice when you see it, so let’s look at some of the common forms it takes in hospitals across South Carolina.
Negligence and malpractice are nearly identical in practicality, but they are distinct legal terms. Knowing the difference may help you avoid bringing a claim against someone when you don’t have a case.
Negligence involves a medical professional making a mistake that they shouldn’t have. This could be anything from a wrong dosage to a critical error in surgery. Negligence on its own is not enough for someone to file a claim against their medical professional.
Malpractice occurs when an injury or illness stems from negligence. For instance, if the doctor prescribed a slightly too large dosage of medicine but it had no adverse effects, this wouldn’t constitute medical malpractice. However, if the dosage caused you to develop an illness, this is malpractice and open to a claim in Marion, SC.
Proving malpractice is difficult. You’ll need to gather the little evidence you can to try and get a case put together. Demonstrating negligence requires you to have a solid plan and understanding of the relevant laws, and a lawyer can help with this.
You should gather up any medical records that you think will be relevant and ask your doctor for all of them in physical form. If you believe there was malpractice involved in your stay at the hospital, you’ll want to get a second opinion from another doctor on the matter who can corroborate your story.
You also need to keep detailed records of your injury, illness, symptoms, and any medical personnel involved in your case.
Yes, you should hire an attorney for the greatest chance of success. Even the most obvious medical malpractice cases are difficult to prove in court, and trying to handle them alone is not advisable. While the law allows you to represent yourself in court if you desire, this will lower your chances of getting a settlement and could leave you wondering how you’ll recover from the malpractice.
After suffering from medical malpractice, you likely won’t be feeling too well. If it happens to you, you’ll need to recover physically if possible. If you are filing a claim after the wrongful death of a family member, you’ll need time to process the emotional weight of the incident and move on. In either instance, you likely won’t have the means or desire to litigate a case and educate yourself on the nuances of malpractice law.
Your attorney, on the other hand, won’t have the same emotional hardship while dealing with your case. They can approach your situation with a clear head and give you an objective idea of how much your settlement should be and how to proceed. They also will have worked on similar cases in the past and can use that past experience to guide their plan in the present.
When dealing with a medical malpractice case, the hospital will likely have a fleet of insurance agents and lawyers to handle the case and try to avoid a settlement. You will have little hope of going toe-to-toe with them in any negotiations or court case, so you need to let your lawyer handle the situation and trust their judgment.
A: Testimony from another medical professional will give you a good chance of demonstrating malpractice to a jury or the insurance company. You can also provide medical records and a detailed journal of your symptoms and any change in your condition over time.
A: Yes, you may be able to file a claim. If you believe your doctor displayed negligence in providing care for you, you have the legal right to file a claim against them for malpractice. Proving malpractice is difficult, and you’ll need to come prepared with plenty of evidence to back up your claim.
A: Typically, you will only have three years from the moment of the procedure or when the doctor should have discovered your condition to file a claim for medical malpractice. This limited statute means you can’t waste time when it comes to filing a claim to get you the benefits you need.
A: There is a cap on South Carolina malpractice settlements. You cannot hope to gain unlimited money by filing a malpractice claim. The state has different limits for the maximum benefits you can receive, depending on the type of malpractice and the circumstances of your case. Generally speaking, the maximum limit is $300,000 for one instance of malpractice.
If you or your loved one is dealing with the fallout from medical malpractice, you can’t afford to wait. Malpractice is difficult to prove even when obvious, and the longer you wait, the less chance you have of gathering the evidence that will get you an appropriate settlement.
At Axelrod & Associates, we have significant experience dealing with medical malpractice claims and helping families get the life-changing benefits they deserve. Contact us today to see how we can help you through your case.
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