Bluffton Medical Malpractice Lawyer
Doctors, nurses, and other health care professionals are held to a high standard. They are required to provide help to those in need with reasonable care and cause no harm. When a health care provider fails to uphold the standard and causes an individual harm, they could be held liable to damages.
If you or a loved one were severely injured due to the negligent actions of a health care professional, you might benefit from the advice and counsel of a Bluffton medical malpractice lawyer. A diligent personal injury attorney could evaluate your case and discuss your future options for recovery.
The Medical Standard of Care
What often separates medical malpractice or medical negligence, apart from ordinary negligence, is the standard upon which medical professionals are judged in comparison to regular citizens. Under a negligence scheme, the courts will evaluate whether the defendant is liable for negligence if they failed to act as a reasonably prudent person under the circumstances.
Professionals, such as lawyers, doctors, and other health care professionals, are held to a higher standard of care. The law holds them to a greater duty of care to those who entrust in their professional service. Health care professionals must use the type of care that other medical providers in the same community would use, with the same experience, under similar circumstances. A knowledgeable medical malpractice lawyer in Bluffton would have to prove to the court that the defendant deviated from the medical standard of care, causing the plaintiff’s injuries.
Filing a Medical Malpractice Claim in Bluffton
There are various types of medical malpractice claims that may be filed. Failure to diagnose claims are among the most prevalent. These claims arise when physicians fail to diagnose an injury or illness that another competent physician would have diagnosed. The claim is only valid if a proper diagnosis would have led to a better outcome for the plaintiff. A physician’s failure to warn of known risks is another type of claim that could be filed. Patients have the right to be informed of the risks related to treatment, surgery, and medications.
Lastly, physicians may also be sued for medical malpractice if they improperly treat a patient in a way that deviates from the standard of care. While each claim may have its own specific requirements of proof, a medical malpractice attorney generally has the burden of proving that a doctor-patient relationship existed at the time of the malpractice, the doctor deviated from the standard of care, causing injury or illness to the plaintiff, resulting in specific damages.
Deadline to File a Claim
The most important aspect of a personal injury claim is the deadline to file. Failing to file on time could result in penalties, as well as permanently losing the right to sue for damages. According to South Carolina Code §15-3-545, a Bluffton medical malpractice attorney must file their client’s case within three years of suffering their injury, or upon discovering their injury with due diligence.
Let a Bluffton Medical Malpractice Attorney Help
Taking on a medical malpractice case alone could be a complex and overwhelming task. Fortunately, a Bluffton medical malpractice lawyer, experienced and knowledgeable in the field, may be able to help your case. They could manage your case, review the medical records, organize the expert witnesses, and fight for your rights. With the help of a seasoned attorney at Schiller & Hamilton, you may be eligible to recover compensation that covers the full value of your damages and injuries. Call today to schedule a consultation.