Marion Medical Malpractice Lawyer

Marion Medical Malpractice Attorney

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.

Can Axelrod & Associates Help Me After I’ve Experienced Medical 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.

What Constitutes Medical Malpractice?

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.

What Are Some of the Most Common Examples of Medical Malpractice in South Carolina?

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.

• Failure to diagnose: Doctors aren’t superhuman, and occasionally, they miss obvious diagnoses. However, if the doctor misses something they should have seen and only missed it due to negligence or not taking the case seriously, they run the risk of a malpractice charge.
• Surgical injuries: Surgeries are high-stakes and difficult, even for the most competent surgeons. However, your doctor shouldn’t cause any injuries during surgery that they could have easily avoided. You may have grounds for malpractice if you end up with an injury after surgery.
• Failure to explain alternatives: Your doctor should inform you of any alternative treatment plans or medicines. Patients should have all the facts so they can make an informed decision on their medical future.
• Improper prescriptions: Your doctor should ensure that you will be taking the correct dosage and that the medicine is necessary. If your doctor prescribed you too much medicine and it led to additional sickness or injury, this is a textbook case of malpractice. You won’t have a case to stand on if you did not follow the doctor’s orders and took too much of the prescription.
• Performing unneeded procedures: Some doctors will try to convince patients they need a medical procedure that isn’t really a necessity. In these instances, the unneeded procedure may cause additional problems and end with the patient feeling worse than they did before going to the hospital.

What’s the Difference Between Negligence and Malpractice?

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.

How Do You Prove Malpractice in South Carolina?

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.

Should I Hire a Marion Attorney When Dealing With Medical Malpractice?

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.

Medical Malpractice FAQs

Q: What’s a Good Strategy for Winning a Medical Malpractice Case in South Carolina?

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.

Q: Can You File a Claim for Malpractice in Marion?

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.

Q: What Is the Statute of Limitations for Filing a Medical Malpractice Claim in SC?

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.

Q: Is There a Cap on Settlements for Medical Malpractice in SC?

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.

Contact Axelrod & Associates for Diligent Legal Care

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.