Summerville Medical Malpractice Lawyer

Summerville Medical Malpractice Attorney

Trust is an essential aspect of all healthcare professional and patient relationships. When someone is sick or injured, they need to be able to trust that they will receive the necessary medical attention they need. When this doesn’t happen, the potential harm can greatly impact a victim’s life. If you believe you’ve been harmed as a result of medical malpractice, it is important to contact a Summerville medical malpractice lawyer as soon as possible.

Summerville, SC, Medical Malpractice Lawyer & Law Firm

The team at Axelrod & Associates, P.A., understands the care and attention required in a medical malpractice case. We’ve represented many clients in and around Summerville, helping to recover fair and full compensation in a wide range of malpractice cases. Our qualified attorneys combine aggressive advocacy with compassionate care to represent our clients and hold at-fault parties responsible.

What Is the Malpractice Law in Summerville, South Carolina?

In South Carolina, patients are protected from various forms of medical malpractice by maintaining the right to file a claim to recover compensation for damages sustained by a negligent healthcare professional.

Malpractice consists of any action that another healthcare provider or institution would not reasonably perform in the same circumstances. Conversely, malpractice also includes the failure to act in circumstances in which another healthcare professional would have reasonably acted.

In order to file a claim for medical malpractice, you need to complete two steps. First, you will need to provide an affidavit of merit for the claim. This is a legal document that affirms the validity of the malpractice claim by providing testimony from a medical professional who holds similar credentials. This testimony should explain how the defendant breached their duty of care by confirming how another professional would have acted in the plaintiff’s case.

Secondly, you must provide a notice of intent to file a claim with the medical professional or institution that you believe acted with malpractice. After 90 days from the date of notice, you will then be able to file your claim.

Your attorney can help you gather the necessary documentation and ensure all processes are properly followed. South Carolina has a three-year statute of repose on malpractice claims. Your lawyer can ensure that you meet all deadlines and help guide you through the process.

What Are Some Examples of Medical Malpractice?

Medical professionals can commit malpractice in a wide range of possible ways. Here are some of the more common examples of medical malpractice:

• Diagnostic errors. Any medical professional who disregards patients’ records or medical history, ignores lab results, fails to diagnose a condition, or misdiagnoses a condition can be liable for malpractice.
• Surgical errors. Unwarranted medical procedures, surgery performed on the wrong part of the body, leaving foreign objects inside a body cavity, or otherwise causing injuries during surgery or other procedures are all common malpractice examples.
• Medication errors. Wrongfully prescribing or improperly administering medication, inappropriately prescribing, and neglecting patient history with allergies and other potential reactions to pharmaceuticals can lead to serious injury or death.
• Treatment errors. There are also many ways in which malpractice can occur in how a person is admitted, dismissed, or otherwise treated for their health issues.

In these cases, malpractice can include the failure to discuss alternative treatment options, prematurely discharging a patient, neglecting a patient while in the emergency room, failing to provide proper follow-up care, or executing improper labor and delivery procedures while the patient is giving birth.

Patients are often at their most vulnerable when they are seeking medical attention. Their vulnerability puts a profound responsibility on medical personnel, physicians, and technicians to provide proper care. Failing to do so can have a significant impact on a victim’s life and future.

Who Can Be Guilty of Medical Malpractice?

Medical malpractice claims can be filed against any licensed medical professional, institution, or healthcare provider. This includes, but is not limited to:

• Physicians
• Nurses
• Technicians
• Physician assistants
• Mental healthcare provider
• Physical therapists
• Hospitals
• Urgent care facilities

Physicians and other medical professionals who perform care on an individual outside of an official context, such as in an emergency situation, cannot be held to the same liability. A doctor who performs CPR at a grocery store, for instance, cannot be guilty of malpractice if something goes wrong.

What Are the Four Elements of Negligence in a Malpractice Case?

Almost all personal injury cases revolve around the legal principle of negligence. Negligence involves the failure to exercise a level of care that can be reasonably expected by a prudent individual. In the healthcare industry, this means that a medical professional has failed in some way to fulfill the level of care they owe to a patient. To demonstrate that negligence is present in your case, you will need to prove four elements:

• Duty of care. You and your attorney will need to establish the duty of care owed to you by the healthcare professional. Most situations imply this duty, with healthcare professionals implicitly owing a duty of care toward their patients. If this relationship did not exist, there may be no basis for a malpractice claim.
• Dereliction of duty. You and your attorney will need to demonstrate in what way(s) the defendant breached their duty of care. Failing to provide reasonable care or making an avoidable error can both constitute a dereliction of duty. Testimony by a different medical professional in the same field, with similar certification, can be integral in establishing this element.
• Direct cause of injury. You and your attorney will need to establish a direct causal link between the alleged malpractice and the harm sustained as a result. This involves demonstrating that the harm you experienced would not otherwise have been suffered if not for the act or lack of action on the part of the medical professional.
• Damages suffered. You and your attorney must legally demonstrate the specifics and the extent to which you suffered actual harm. This can include both economic and non-economic damages. It is vital to ensure that you keep careful track of any medical records, evaluations, and follow-up care, as this documentation will be used to validate your claim and estimate how much compensation you can expect to receive as part of your settlement.

By successfully demonstrating these four elements, you and your attorney can prove negligence occurred, constituting medical malpractice. During your initial consultation, your attorney can review the details of your case and help you understand what your case may be worth.

What Types of Damages Can I Recover in a Malpractice Case?

While every case is unique, there are certain types of damages you can expect to recover if you’ve suffered harm as the result of medical malpractice:

• Economic damages. Your settlement should include compensation for the economic losses you suffer as a result of the incident. This includes additional medical bills, lost wages, and ongoing costs like medication and follow-up care.
• Non-economic damages. Your settlement should also include compensation for the non-economic losses suffered. This includes pain and suffering, loss of enjoyment of life, and loss of consortium in cases of wrongful death.

FAQs

Q: How Long Do You Have to Sue for Medical Malpractice in Summerville, South Carolina?

A: Generally, you have three years from the date of the malpractice in which to file a medical malpractice claim in Summerville, South Carolina. However, despite this seemingly generous time period, there are several factors to keep in mind. For instance, there is a three-month period following the notice of intent that you send the defendant before you can officially file the claim. By working with a qualified malpractice attorney as soon as possible following the incident, you can better ensure you file in time.

Q: What Is the Statute of Repose for Medical Malpractice in South Carolina?

A: The statute of repose, or statute of limitations, for a medical malpractice claim in Summerville, South Carolina, is three years from the date the malpractice occurred. If the injury or harm was not immediately apparent, then the courts will set a date for three years from which the injury could have been reasonably discovered. However, this time frame may not exceed six years in total. Your attorney can help ensure that you meet all deadlines for filing your claim.

Q: What Is Considered Medical Malpractice?

A: Any care provided that does not align with what other medical professionals acting with reasonable prudence would have done under similar circumstances is considered medical malpractice.

Malpractice is proven on the basis of negligence, which includes showing proof of four elements: duty of care, dereliction of duty, direct cause of harm, and damages sustained from the malpractice. Malpractice cases will require testimony from another, equally certified medical professional to verify the legitimacy of the claim.

Q: What Is the Cap on Medical Malpractice in South Carolina?

A: There is no cap on the economic damages that a plaintiff can recover in a medical malpractice claim. This includes all injury-related medical bills, lost wages, and other financial damages that resulted. However, South Carolina does place a cap that limits the amount that a victim of malpractice can recover for non-economic damages, such as pain and suffering and loss of quality of life. This cap is $512,773 against a single provider or institution and is adjusted for inflation.

Contact Your Summerville Medical Malpractice Lawyer Today

If you believe you have suffered harm as a result of medical malpractice, make sure you start the process of filing a claim as soon as possible. By speaking with a qualified attorney like those at Axelrod & Associates, P.A., you can have a thorough understanding of what your claim is worth. Starting right away ensures that all evidence and witness testimony that will be crucial to the case is still available. Contact our office today.