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Myrtle Beach Medical Malpractice Lawyer

Myrtle Beach Medical Malpractice Lawyer

Medical Malpractice Attorney in Myrtle Beach, SC

Most of us trust doctors, nurses, and other medical professionals to keep us safe and healthy. Although many workers in this field do an excellent job, some do not. Because the medical field is so important, mistakes or negligence can cause serious consequences for patients and their families.

Fortunately, personal injury law allows individuals who have experienced medical negligence or medical malpractice to take legal action. In doing so, these victims can earn a settlement that helps them financially recover from the pain that the medical system caused them. Furthermore, these cases can help to ensure that medical malpractice does not reoccur in the same way in the future.

If you believe that you have a medical malpractice claim, it is essential that you hire an injury attorney right away. These cases are complicated and require an intimate understanding of the medical system. Our South Carolina medical malpractice attorneys are here to help.

best medical malpractice attorney myrtle beach sc

Experienced Myrtle Beach, SC Medical Malpractice Lawyer

If you suspect that you or a loved one has been a victim of medical malpractice in SC, the Myrtle Beach medical malpractice lawyers on the Axelrod team may be able to help you to:

  1. investigate and prove what happened and
  2. recover full and fair compensation from the doctor, hospital, or other providers who were responsible for your injuries.

Medical malpractice claims can be complex, technical, and require medical experts in the appropriate field of practice to review your case, consult with your attorneys, and testify in court.

Your medical negligence attorney at Axelrod &; Associates has the experience and the resources that you need to recover the maximum compensation you are entitled to under SC law.

What Is Considered Medical Malpractice in South Carolina?

Medical professionals are not expected to perform miracles, and they will not be able to help everyone. However, this fact is distinct from the concept of medical malpractice. Malpractice involves significant negligence and is often categorized comparatively.

For example, if a doctor causes you significant pain by prescribing a drug that other professionals with the same training and experience would not have prescribed, the doctor may be tried for medical malpractice. However, if the doctor prescribes a drug that should help but it does not, the doctor is not liable.

This can be confusing, but these claims often return to negligence. As with any personal injury claim, negligence is a key factor in medical malpractice claims.

Common medical malpractice claims that arise in SC include:

  • Performing unnecessary medical procedures,
  • Failure to diagnose medical conditions,
  • Failure to warn of risks associated with a medical procedure,
  • Failure to advise a patient of alternative treatments,
  • Lack of proper sanitation procedures,
  • Surgical injuries,
  • Surgery performed on the wrong body part or the wrong patient,
  • Improperly performed anesthesia,
  • Improperly prescribed prescription medications,
  • Labor and delivery malpractice and birth injuries,
  • Emergency room malpractice,
  • Foreign objects left in your body after surgery, and
  • Prescription of unsafe medical devices.

Be sure to read the fine print of any literature that your doctor gives you. There may be information in these packets that, along with second opinions, copies of medical records, and your personal experience, can help you to determine whether you may have a medical malpractice case. If you are unsure, one of our attorneys is here to talk through your case and determine if negligence has occurred.

How A Myrtle Beach, SC Medical Malpractice Lawyer Can Help You?

If you believe that you have a medical malpractice claim against a doctor, hospital, or other medical providers, your Myrtle Beach medical malpractice attorney on the Axelrod team will:

  • Meet with you to find out what happened and to answer your questions,
  • Request your medical records and use an expert in the appropriate medical field to review your records and provide an opinion as to whether there was malpractice,
  • Identify all possible defendants and sources of recovery, including doctors, nurses, hospital systems, pharmacies, or others who may be liable,
  • Negotiate with the doctor, hospital, and insurance companies, and file a medical malpractice lawsuit if they do not agree to fully compensate you,
  • Retain all expert witnesses that you will need to prove liability and damages, and
  • Try your case to a jury if you do not receive full and fair compensation for your injuries.

Wrongful Death From Medical Malpractice

Unfortunately, some medical malpractice victims do not survive. When this happens, the family may file a wrongful death case against the medical professional, clinic, or hospital. Although filing a claim will not undo the pain and suffering that the family endures, it can help pay for unexpected expenses such as funeral and burial expenses, loss of income, etc.

If you believe that medical malpractice led to the death of your loved one, it is imperative that you seek the help of one of our medical malpractice attorneys. We must begin to build your case before evidence is lost.

Negligence vs. Malpractice

Negligence and medical malpractice are connected but distinct. It is important to understand the difference before entering into a medical malpractice case.

Negligence can occur without causing medical malpractice, but medical malpractice cannot occur without negligence. If a nurse fails to administer enough medicine, they are being negligent. Despite this, if this does not lead to any serious consequences, there likely will not be a medical malpractice claim. However, if the nurse fails to administer enough medicine and it leads the patient to contract pneumonia, the patient may have a medical malpractice claim.

All medical malpractice claims must include some sort of negligence to be valid in court. If a medical professional does their job perfectly and a patient dies, they are not liable. If they are neglectful and the patient dies, they are clearly responsible.

Proving Medical Malpractice in Myrtle Beach, SC

Unfortunately, proving medical malpractice can be difficult. Most medical facilities are trained to avoid these cases and use paperwork, jargon, and false information to avoid being caught in their mistakes. It is essential to have a medical malpractice attorney on your side during your case. Hospitals and clinics have highly experienced in-house attorneys who handle medical malpractice claims full time. Without proper legal help, you will be unlikely to win your claim.

If you believe that you have a personal injury case, follow these steps:

  • Ask for physical copies of all your medical records.
  • Get a second opinion from another professional in the field who works for a different organization or hospital.
  • Take photos and videos of your injuries. If the damage is internal, create a detailed log of your symptoms.
  • Note the names of any other doctors, nurses, or aides that were involved in your case but who were not necessarily responsible for the damage.
  • Call your attorney.

Although medical malpractice claims are difficult to develop, an experienced attorney from Axelrod &; Associates can give you the best chance of winning the compensation that you deserve.

Emergency Situations

Many people falsely believe that doctors and nurses in the emergency room cannot be charged with medical malpractice. This is untrue. The doctors in the ER are just as liable if they make a mistake as anyone else.

However, there are situations in which a medical professional cannot be held responsible if they hurt someone. If a medical professional helps someone in an emergency situation outside of a medical setting, you cannot file a claim against them if something goes wrong.

For example, if you go into cardiac arrest while at a restaurant and a fellow diner is a doctor, they are allowed to help you, but you cannot sue them if they cause harm in the process. So, if they break your rib while trying to administer help, you cannot file a claim. This is because they are outside of a normal medical setting and cannot be expected to provide perfect care without the right tools, support, and environment.

Remember, this does not apply to all emergency situations. EMTs and ER staff on duty can still commit medical malpractice even though they often act in emergency situations.

FAQ About Myrtle Beach, SC Medical Malpractice Laws

If you have been hurt by a doctor, hospital, nurse, or other medical provider’s negligence, you may have questions.

Below, we provide some general information, but you should contact a Myrtle Beach medical malpractice lawyer immediately to discuss the specifics of your case and to find out what your options are.

How Do You Prove Negligence in a Medical Malpractice Case?

To prove negligence in a medical malpractice case, you must prove that:

  • The doctor, nurse, or other medical provider had a duty of care to you and that you were their patient,
  • The medical professional breached their duty of care to you, and
  • You suffered damages because of the breach of their duty of care to you.
  • What is the Standard of Care in a Medical Malpractice Case?
  • The standard of care is based on what is expected of a similarly situated health care professional (doctor, nurse, pharmacist, anesthesiologist) who practices in the same field of medicine and under the same conditions as your treatment.

Your expert witness (who should be a healthcare professional in the same field of medicine) will establish what the standard of care is and give an opinion as to whether your healthcare provider breached that standard of care.

Are Expert Witnesses Required in Medical Malpractice Cases?

Expert witnesses are always required in medical malpractice cases – you will need an opinion from an expert witness to 1) establish the standard of care and whether the standard of care was breached – before you can file a lawsuit, and 2) to establish damages – how you were injured, the extent of the injuries, the costs involved, and the effect that the injuries will have on you and your family.

Your medical malpractice attorney on the Axelrod team has access to a wide range of medical experts who can assist in any area of medical expertise based on the facts of your case.

Who is Liable in a Medical Malpractice Case?

Depending on the facts of your case, one or more medical providers may be responsible for your injuries, including:

  • Surgeons,
  • ER doctors,
  • General practitioners,
  • Medical specialists,
  • Medical technicians like X-ray technicians,
  • Pharmacists,
  • Nurses,
  • Hospitals,
  • Medical firms that employ the doctors or nurses who committed the malpractice,
  • Medical clinics,
  • Any other type of medical professional (and their employer) who breached their duty of care to you, or
  • Manufacturers, distributors, or sellers of defective medical equipment or products.

What Kind of Compensation Am I Entitled to for a Medical Malpractice Claim?

You are entitled to compensation for all damages that were proximately caused by the doctor or other healthcare professional’s negligence, including:

  • Medical fees that resulted from the malpractice,
  • Current and future medical expenses to remedy the injuries caused by the malpractice,
  • Scarring and disfigurement,
  • Psychological trauma caused by the malpractice,
  • Pain and suffering,
  • Lost wages and loss of earning potential,
  • Loss of consortium and loss of companionship, and
  • Wrongful death and survival damages including burial and funeral expenses


Finding a good medical malpractice attorney for your case can be challenging. Fortunately, our team at Axelrod &; Associates has the history and experience to build a solid case in your favor. Our expertise in the field provides reassurance that you are receiving the best representation in Myrtle Beach, South Carolina.

If you have been hurt by a doctor or other healthcare professional’s negligence, the Myrtle Beach medical malpractice lawyers at Axelrod &; Associates may be able to help you to get maximum compensation for your injuries.

Call 843-916-9300 or complete our contact form for a free initial consultation.


Need help? Contact Axelrod & Associates, P.A.

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