Summerville Medical Malpractice Lawyers
When you seek medical care, you place your trust in doctors, nurses, hospitals, and other healthcare professionals. While no provider can guarantee a specific outcome, they are legally required to meet an accepted standard of care. When that standard is violated, and you or a loved one suffers harm as a result, you may have grounds to file a medical malpractice claim.
Medical malpractice cases are complex, aggressively defended, and governed by strict South Carolina laws. Having experienced legal representation can make a critical difference in the outcome of your case.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury to a patient.
In legal terms, malpractice is a form of negligence. To prove negligence in a medical malpractice case, you must establish:
- A provider-patient relationship existed.
- The provider owed you a duty of care.
- The provider breached the accepted medical standard of care.
- The breach directly caused your injury.
- You suffered damages as a result.
It is important to understand that not every poor medical outcome qualifies as malpractice. Some complications occur even when appropriate care is provided. A successful case requires showing that another reasonably competent provider would have acted differently under similar circumstances.
Common examples of medical malpractice include:
- Failure to diagnose or delayed diagnosis
- Misdiagnosis
- Surgical errors (including wrong-site surgery)
- Medication errors
- Birth injuries
- Failure to monitor a patient properly
- Anesthesia errors
Who Can Be Held Liable for Medical Malpractice?
Although malpractice claims often involve physicians, many types of healthcare providers may be responsible, including:
- Nurses
- Hospitals
- Clinics
- Nursing homes
- Pharmacists
- Physical therapists
- Physician assistants and nurse practitioners
If a negligent provider was acting within the scope of employment, their employer (such as a hospital or medical practice) may also be held liable under the legal principle of vicarious liability.
Identifying all responsible parties is important. It prevents defendants from shifting blame and may increase the insurance coverage available to compensate you.
How a Medical Malpractice Lawyer Builds Your Case
Medical malpractice claims require extensive investigation and expert analysis. Unlike many other injury cases, medical providers rarely admit mistakes, and the evidence is often highly technical.
A strong case typically involves:
- Reviewing and analyzing complete medical records
- Consulting qualified medical experts
- Obtaining an expert affidavit as required by South Carolina law
- Conducting depositions of providers and witnesses
- Proving both breach of the standard of care and causation
Expert testimony is mandatory in nearly all South Carolina medical malpractice cases. Your attorney must present qualified medical professionals who can explain how the defendant’s conduct deviated from accepted medical standards and how that deviation caused your injury.
What Is My Medical Malpractice Case Worth?
The value of your case depends on the specific harm you suffered and how it has affected your life.
You may be entitled to compensation for:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
South Carolina law places caps on certain non-economic damages in medical malpractice cases. However, economic damages (such as medical bills and lost income) are not capped.
In rare cases involving willful, reckless, or grossly negligent conduct, punitive damages may be available. These damages are intended to punish particularly egregious behavior and deter similar conduct.
Why Medical Malpractice Cases Are More Complex
Medical malpractice claims are significantly more complicated than typical personal injury cases for several reasons:
- Mandatory expert testimony
- Technical medical and scientific evidence
- Strict procedural requirements
- Aggressive defense by hospitals and insurers
- Causation disputes (defendants often argue the outcome would have occurred regardless of their actions)
- Corporate defendants with substantial legal resources
These factors make experienced representation especially important.
South Carolina Medical Malpractice Laws
South Carolina has specific procedural rules that apply only to medical malpractice claims. These include:
- Notice of Intent to File Suit: Before filing a lawsuit, you must serve a formal Notice of Intent to File Suit on the healthcare provider.
- Expert Affidavit Requirement: An affidavit from a qualified medical expert must accompany the Notice of Intent.
- Mandatory Pre-Suit Mediation: South Carolina requires mediation before the case can proceed to court.
- Statute of Limitations: Generally, you must file your claim within three years of the date of injury or when the injury reasonably should have been discovered. Certain exceptions may apply.
- Damages Caps: South Carolina limits non-economic damages in medical malpractice cases, with specific statutory amounts that may adjust annually.
Failure to comply with these procedural requirements can result in dismissal of your case.
Frequently Asked Questions About Motorcycle Accident Claims
Q: How long does a medical malpractice case take?
A: These cases typically take longer than other personal injury claims. Many last one to three years or more, depending on complexity, expert review, court scheduling, and whether the case settles or proceeds to trial.
Q: Will my case go to trial?
A: Most medical malpractice cases settle before trial. However, thorough trial preparation often strengthens your negotiating position and increases the likelihood of a favorable resolution.
Q: How is a medical malpractice lawyer paid?
A: Medical malpractice attorneys typically work on a contingency fee basis. This means you do not pay upfront legal fees. The attorney is paid a percentage of any settlement or verdict obtained on your behalf.
Q: Why You Need an Experienced Medical Malpractice Attorney?
A: Medical malpractice claims require legal skill, medical knowledge, and financial resources to pursue effectively. Healthcare providers and insurers often defend these cases aggressively due to the high financial stakes.
An experienced attorney can:
- Navigate South Carolina’s complex pre-suit requirements.
- Retain qualified expert witnesses.
- Develop persuasive medical evidence.
- Handle negotiations with insurance carriers.
- Prepare your case for trial if necessary.
Attempting to handle a medical malpractice case without experienced counsel can put your claim at serious risk.
Contact Our Summerville Medical Malpractice Lawyers at Rogers, Patrick, Westbrook & Brickman LLC
If you or a loved one has been harmed due to a healthcare provider’s negligence, our Summerville medical malpractice lawyers at Rogers, Patrick, Westbrook & Brickman LLC are prepared to pursue accountability and full compensation on your behalf. Call 843-727-6500 or complete our online contact form to schedule a consultation. With offices in Charleston, Mt. Pleasant, Aiken, and Columbia, we represent clients throughout South Carolina.
Start Your Free Case Review
