803-902-4583
South Carolina Medical Malpractice Lawyer
Holding Negligent Medical Providers Accountable for their Actions
Healthcare professionals owe a duty to patients to uphold the standards of care required by their oath and the law. However, in some instances, medical professionals fail to meet their ethical and legal responsibilities, resulting in harm to patients. South Carolina law allows patients to hold medical professionals financially responsible for their actions.
Under state law, injured patients may be entitled to seek compensation to recover lost income, medical bills, pain and suffering, and emotional trauma. However, it can be challenging to prove medical malpractice claims without the help of an experienced personal injury lawyer.
If you believe you are the victim of medical negligence, you must hire an experienced medical malpractice lawyer who will seek justice on your behalf.
At Schiller & Hamilton Law Firm, our South Carolina medical malpractice lawyers serve the communities of Bluffton, Beaufort, Fort Mill, Gaffney, Hilton Head, Lancaster, Rock Hill, and York County. Contact our law firm to schedule a free consultation so we may review your case and determine what legal options suit your needs.
What Types of Cases are Handled by Your South Carolina Medical Malpractice Lawyer?
Our South Carolina medical malpractice lawyers typically handle cases involving negligence or error in the medical field. These cases require a deep understanding of both legal and medical complexities:
- Surgical errors involve mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient
- Misdiagnosis or delayed diagnosis entails failing to promptly diagnose a condition, leading to worsened outcomes
- Birth injuries include negligence during childbirth, resulting in injury to the baby or mother, including cerebral palsy and fractures
- Medication errors include incorrect prescription or administration of drugs, leading to adverse effects or failure to treat a condition
- Failure to treat refers to neglecting to provide necessary medical treatment, exacerbating the patient’s condition
Our South Carolina medical malpractice lawyer will work diligently to establish the link between medical negligence and your injury, often consulting medical experts to strengthen the case. If you need further clarification regarding our legal services, contact our South Carolina law firm to schedule an appointment with an experienced medical malpractice lawyer who will gladly answer your questions.
What Constitutes Medical Malpractice in South Carolina?
In South Carolina, medical malpractice occurs when a healthcare provider negligently breaches the expected standard of care. This standard compares the provider’s actions to what a reasonably competent medical professional would do under similar circumstances. The law requires that the healthcare provider’s actions actively deviate from the accepted norms and practices of the medical community to constitute negligence.
For a claim to qualify as medical malpractice, though, simply proving the healthcare provider’s negligence is insufficient. In South Carolina, proving a medical malpractice claim involves two crucial steps. If we agree to take your case, we will first thoroughly assess your case to determine if the healthcare professional did not maintain the expected standard of care and skill that a reasonably competent practitioner would in similar situations.
Second, we will present evidence that the injury led to significant harm, including physical pain, suffering, disability, or substantial medical costs. Generally, expert testimony is indispensable in medical malpractice cases to affirm the healthcare provider’s substandard care and its direct connection to your injury. The exception is instances where the facts of the case are straightforward enough to be understood by the average person.
Schiller & Hamilton Law Firm is passionate about holding healthcare providers accountable for their negligence. If you are uncertain whether your case constitutes medical malpractice, contact our law office to schedule a free case evaluation.
What are the Effects of Medical Malpractice Injuries?
Although medical malpractice can occur for various reasons, its effects can have devastating consequences for victims and their families. For example, when healthcare providers delay or fail to diagnose cancer or treat other medical conditions in time, patients often suffer life-threatening consequences or even wrongful death. Medication errors, especially prescribing medications that are contraindicated, can result in dangerous side effects, such as patients becoming severely ill.
In cases where surgical errors have occurred, such as leaving instruments in the patient, many medical malpractice victims suffer tissue damage or develop health issues with adjacent organs. In other cases, medical professionals are guilty of operating on the wrong patient or procedures. Furthermore, anesthesia errors can have severe consequences, such as permanent brain damage or death.
However, birth injuries often have the most tragic impact on families. When medical professionals delay performing C-sections, misuse forceps, or fail to take action against fetal distress, their negligence can leave children with permanent birth injuries, including cerebral palsy, brain damage, or brachial plexus. Finally, medical malpractice errors in prenatal care can result in brain injury.
If you or a family member have suffered medical malpractice injuries, you must seek legal help immediately. An experienced medical malpractice attorney from Schiller & Hamilton Law Firm will gladly assist you with your case and help you receive the justice you deserve.
What Types of Damages Can a Medical Malpractice Lawyer in South Carolina Recover for Clients?
South Carolina personal injury law recognizes the losses you incur due to medical malpractice as compensatory damages. These include economic and non-economic losses.
Economic Losses
Economic losses in the context of legal claims refer to quantifiable monetary damages incurred by an individual. Economic losses typically include:
- Medical expenses: Costs for past and future medical treatment related to the injury
- Lost wages: Income lost due to the inability to work as a result of the injury
- Loss of earning capacity: Decreased ability to earn income in the future because of the injury
- Rehabilitation costs: Expenses for physical or occupational therapy and other rehabilitation services
Proving these losses requires collecting extensive documentation, such as medical records, bills, pay stubs, and expert testimony.
Non-Economic Losses
Non-economic losses represent an individual’s intangible losses, which are not easily quantifiable in monetary terms. In cases handled by our South Carolina medical malpractice lawyers, non-economic damages often include:
- Pain and suffering: Physical and emotional distress caused by the injury
- Loss of enjoyment of life: Reduced quality of life or inability to partake in activities enjoyed before the injury
- Emotional distress: Psychological impact of the injury, such as anxiety, depression, or trauma
- Loss of consortium: Negative effects on the relationship with a spouse due to the injury
- Disfigurement: Permanent physical changes that affect appearance or body function
Our medical malpractice attorney will help you understand the non-economic losses associated with your case and ensure we value them adequately.
Can a Victim of Medical Malpractice Recover Punitive Damages in South Carolina?
In rare cases, medical malpractice victims may qualify to receive punitive damages. However, only a knowledgeable attorney can assess your case to determine if your case meets the strict legal criteria necessary for punitive damages.
Punitive damages aim to punish defendants for particularly egregious or malicious conduct and deter similar actions in the future. In medical malpractice cases, awarding punitive damages requires the plaintiff to prove that the defendant’s actions were willful, reckless, or grossly negligent. These damages, not directly tied to the actual harm suffered by the plaintiff, are distinct from compensatory damages. While punitive damages are less common than compensatory damages in medical malpractice cases, they play a crucial role in instances where severe and deliberate wrongdoing has occurred.
In South Carolina, the court adjusts the cap on non-economic damages in medical malpractice cases annually for inflation. As of 2022, the cap is $512,773 against a single care provider or institution.
In cases with multiple defendants, the total non-economic damages cannot exceed $1,538,319, and no single care provider or institution is liable for more than $512,773 in non-economic compensation. These caps specifically apply to more subjective and not easily quantifiable damages like pain and suffering, mental anguish, and loss of enjoyment of life.
How Does the South Carolina Statute of Limitations Impact Medical Malpractice Cases?
Unique circumstances in a medical malpractice case may require the application of specific laws. However, every medical malpractice claimant should understand how South Carolina’s statute of limitations can impact their claim.
In South Carolina, you must file a medical malpractice lawsuit within three years from the date of the harm or when you could reasonably have discovered the harm due to the defendant’s medical error. However, with only a few rare exceptions, you lose the right to file a lawsuit six years after the date of the medical mistake, regardless of your knowledge of the harm. This statute enforces timely legal action in medical malpractice cases.
The statute of limitations ensures that potential defendants do not face the threat of litigation indefinitely. Additionally, the law ensures that medical malpractice claims do not backlog the court and are heard promptly. Over time, witnesses may move, or their memories fade, which presents legal challenges for plaintiffs and defendants.
Therefore, if you are the victim of medical negligence, you must contact a South Carolina medical malpractice attorney who can help you file a claim immediately. Even though three years may seem like a long time, it can quickly pass by. If you try to file a claim after the deadline has expired, the case will most likely be thrown out. Once the court dismisses a case, you will lose all legal recourse to try and recover compensation for your injuries.
What Can I Do if My Loved One Died As a Result of Medical Malpractice?
If you have lost a loved one due to medical malpractice, you are probably feeling angry and want to hold the negligent party responsible for their actions. Families of victims who have died as a result of medical malpractice have the right to try and recover compensation for economic and non-economic damages.
Under state law, only the personal representative named in the deceased’s will may file a wrongful death lawsuit. However, if the victim dies without leaving a will, the court will appoint one. A personal representative must be at least 18 years old, be of sound mind, and may be a relative or close friend of the deceased.
Just as with other medical malpractice claims, a wrongful death claim involving medical negligence must be proven. It must be demonstrated that the healthcare provider’s actions or inactions directly caused the victim’s death to prove medical malpractice in a wrongful death claim. Also, anyone bringing a wrongful death claim must show that the deceased’s death resulted in a loss.
Compensation awarded in medical malpractice claims may include economic damages, such as money for funeral and burial expenses, lost income, and loss of future earnings. A family may also recover non-economic damages, such as compensation for the victim’s pain and suffering and emotional distress caused by the loss of a loved one.
If you have lost a loved one as a result of a medical provider’s negligent act, you need to consult with an experienced medical malpractice attorney who can review the facts of your case. As with other claims, the statute of limitations allows families three years to file a claim, so you must consult a legal professional as quickly as possible. Wrongful death related to medical malpractice can be overly complex and requires help from an experienced attorney. Contact Schiller & Hamilton Law Firm today to discuss your case.
What are the Benefits of Having a South Carolina Medical Practice Lawyer?
Our medical malpractice lawyer in South Carolina will help you navigate the complexities of this form of personal injury law. Our South Carolina injury attorneys possess in-depth knowledge of the state’s legal system, medical regulations, and procedural rules needed to build a solid case.
Our medical malpractice attorneys have the skills to accurately assess the merits of your claim, ensuring that the case meets all legal requirements. Our personal injury lawyers use negotiation skills to effectively deal with insurance companies, securing fair compensation for our clients. Their experience in medical terminology, standards of care, and common malpractice issues enables them to effectively communicate and argue the intricacies of the case.
Our medical malpractice lawyers also provide invaluable emotional support and guidance throughout the legal process. They handle the burden of legal procedures, allowing clients to focus on recovery. With their assistance, clients avoid common pitfalls and mistakes that could weaken the case. Our dedicated team of legal professionals also has access to a network of medical experts and resources essential for substantiating claims and proving negligence. Their involvement typically results in higher compensation, reflecting economic losses and non-economic damages like pain and suffering. A dedicated legal professional protects your rights and increases the chances of reaching a justified outcome.
Contact our South Carolina law firm today if you are still trying to determine the benefits of hiring an attorney to handle a medical malpractice claim. We can answer your questions.
Why Should I Choose Schiller & Hamilton Law Firm to Handle My Medical Malpractice Claim?
Medical negligence can have substantial physical, emotional, and financial consequences for the victims and their families. All healthcare professionals have a legal obligation to provide quality care to their patients and not engage in acts that could harm others. Patients often pay the price when healthcare professionals fail to review medical histories, diagnose, or treat patients accordingly.
Suppose you have suffered serious injuries because a healthcare professional or doctor failed to live up to their duty of care. In that case, you need an attorney with considerable experience dealing with medical malpractice laws. Our law firm is dedicated to holding medical professionals liable for their negligent actions or inactions.
At Schiller & Hamilton Law Firm, we understand the importance of identifying and valuing all recoverable losses from your case. Our commitment is to protect your rights and hold the at-fault party responsible for their actions in your case.
Our medical malpractice attorneys charge no upfront fees for our services and offer free consultations. We work on contingency, which means we only receive payment if we win a settlement or award for your case. Therefore, it is in our best interest to ensure you receive fair and adequate compensation for all your economic and non-economic losses.
Call 803-902-4583 to speak with our team at Schiller & Hamilton Law Firm and schedule your free consultation with a South Carolina medical malpractice lawyer today.