Mount Pleasant Medical Malpractice Lawyer

yeEveryone makes mistakes, including doctors, hospitals, and other healthcare professionals, but when a medical professional fails to meet the accepted standards of their practice, they are acting negligently under the law. A patient who is harmed by negligent medical treatment may have a medical malpractice claim to recover compensation for their injuries.

If a practitioner’s medical error or omission has exacerbated your medical problems or caused you other injuries, you should reach out to a Mount Pleasant medical malpractice lawyer. An experienced attorney could evaluate your case and help you determine if you have a claim for financial compensation from the doctor, hospital, or other medical professionals that caused you harm.

Establishing Responsibility in a Medical Malpractice Case

Malpractice can occur at various points in a patient’s treatment and could include delay in treatment or diagnosis, surgical errors, improper administration of medication or treatment, nursing home neglect or abuse, and laboratory and pharmacy errors.

Any healthcare provider that has caused a patient injury could be held liable for medical malpractice in South Carolina. Since most patients are seen by several health care professionals for treatment, it can be challenging to determine which of these providers should be liable for the patient’s harm. In most medical malpractice cases, the patient could bring claims against one or more of the following:

• The doctor who initially treated the patient
• The surgeon who operated on the patient
• The anesthesiologist
• The hospital or clinic where the patient was treated or had surgery
• The firm where the responsible doctor was an employee or partner

Claims may also be brought against medical facilities such as rehabilitation clinics and nursing homes. Hospitals and other larger entities may have direct liability for their own negligent acts as well as indirect responsibility for the negligence of the doctors, nurses, technicians, and other staff who work there.

Proving a Medical Malpractice Claim

South Carolina law contains specific requirements for proving a medical malpractice claim. There are three major requirements:

A Doctor-Patient Relationship

To succeed in their malpractice claim, a patient must first establish that a provider-patient relationship existed. A nurse friend who suggested a certain over-the-counter medication would not be liable. The patient must show they hired the health care professional who agreed to treat them.

Negligence on the Part of the Healthcare Provider Caused Harm

The patient must show that the healthcare provider caused the patient’s injury through a negligent act or omission. Negligence exists when a healthcare professional breaches their duty of care to the patient. Proof typically requires expert testimony explaining the standard of care for the relevant area of practice and how a competent practitioner would not have breached that standard.

The Injury Resulted in Specific Damages

Once negligence and causation are established, the patient must show the resulting injury led to specific losses or damages, such as additional medical bills, lost work or earning capability, and physical pain.

The legal requirements for establishing a medical malpractice case in South Carolina are specific and technical. Not every medical error will support a malpractice claim. A South Carolina medical malpractice attorney could help determine whether the elements of a legal case are present and whether expert testimony is needed.

Financial Compensation in Medical Malpractice Cases

Both economic and non-economic damages are available in a South Carolina medical malpractice case. Economic damages include medical expenses, lost wages, and other financial losses caused by the injury. Non-economic damages include pain and suffering, mental distress, loss of enjoyment of life, and other losses that cannot be easily calculated. South Carolina does not have a cap on economic damages, but non-economic damages are capped at $350,000 against a single provider or institution and $1,500,000 against more than one defendant.

In the rare case where the healthcare provider’s actions were willful or reckless, the patient may also be available to recover punitive damages intended to punish the bad behavior and deter future wrongdoing.

Request a Consultation with a Mount Pleasant Medical Malpractice Attorney Today

If you or a loved one has suffered injury from a medical professional’s negligence, you should contact a Mount Pleasant medical malpractice lawyer. An attorney experienced in South Carolina malpractice and personal injury law understands what is required to pursue a successful claim. Call today to confirm your introductory case consultation.