We reasonably expect that medical personnel will provide adequate treatment when we need it. After all, doctors, nurses, and other hospital staffers have a duty of care to patients. Unfortunately, this is not always the case, and mistakes are made that can result in severe injury or death.
When you suffer an unnecessary injury due to the negligence of your medical provider, a South Carolina medical malpractice lawyer from Schiller & Hamilton can handle your legal case. At the same time, you take the time to recover or grieve.
A Medical Malpractice Lawyer Can Recover Damages
In South Carolina, you are entitled to seek compensation for damages you suffer because of medical malpractice. There are no caps on economic damages, which are verifiable monetary losses that include:
- Medical expenses
- Lost income and benefits
- Future medical expenses
- Home services
- Physical therapy
However, there are caps on non-economic damages, which include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Psychological trauma
- Loss of enjoyment
- Loss of companionship
The cap on non-economic damages limits each claimant to $350,000. If you lost someone you love due to medical malpractice, we are sincerely sorry for your loss. We can seek wrongful death damages on your behalf that will typically cover funeral costs, medical bills, and lost income.
Rest Assured We Will Protect Your Rights
Our law firm specializes in medical malpractice cases, and we will tirelessly work to secure compensation that adequately covers your losses.
Negligence and error by medical personnel can not only negatively impact your health but also your finances. Recovering compensation to cover your financial losses can help you get justice for yourself and your family and prevent other patients from suffering the same negligence in the future.
Benefits of Having a Medical Malpractice Lawyer on Your Side
A medical malpractice lawyer serves as an advocate for you during this difficult time, looking after and protecting your best interests every step of the way. We will guide you through the legal process and answer your questions.
By hiring our law firm to represent you, you can expect us to do the following:
- Investigate the medical malpractice: We will investigate your claim to determine liability and collect evidence such as medical records, expert opinions, and witness statements to strengthen your case for compensation.
- Calculate the value of your claim: We will calculate the value of your losses by considering the economic and non-economic damages you qualify to receive so we can determine if any settlement offers are fair or not.
- Negotiate a settlement: We will enter negotiations with the insurance company to reach a fair settlement that will adequately cover your losses.
- Represent you in court: We will prepare your case for court and represent you at trial if it becomes necessary. Most cases settle out of court, but we are not afraid to litigate your case to secure the compensation you deserve.
In addition, we will regularly communicate with you about the status of your case, so you are always up to date. You are not alone in this fight.
What Constitutes Medical Malpractice?
Medical professionals must provide competent care to patients by law, as S.C. Code of Laws § 15-79-110 (6) states that medical malpractice is something any reasonable health provider would avoid in the care of a patient. This can include:
- Being on call too long and performing while fatigued
- Making a mistake during surgery
- Complications administering anesthesia
- Failure to make a proper diagnosis
- Birth injuries
- Improper use of equipment
- Prescribing the wrong medication
- Failing to warn patients about potential risks
These examples of negligence and more cause families pain all too often. But proving medical malpractice in court can be challenging. You must obtain a signed affidavit from an expert who will attest that medical malpractice occurred in your case. Our law firm has access to experts who can evaluate your injuries and decide whether they are the result of medical malpractice.
How Much does a Medical Malpractice Lawyer Cost?
Perhaps you are hesitating to obtain legal representation because you have concerns about cost. Our law firm believes that financial status should not be a factor in having access to our legal services.
That’s why we work on a contingency-fee basis, meaning you don’t pay us unless we win your case and you receive compensation. Your lawyer will explain how this works in more detail. We strongly encourage you to consult with a lawyer if you believe your injuries are the result of medical malpractice.
There are no upfront costs, and we offer free consultations.
You Have Limited Time to Act
You must be aware of the statute of limitations to file a medical malpractice lawsuit, so you do not lose your right to seek compensation through the legal system. S.C. Code of Laws § 15-3-545 states claimants have three years from the date of the error or three years from the date of discovery to file a lawsuit. But it cannot exceed six years from the occurrence of the error.
Acting as soon as possible is best, and we will work hard to meet the statute of limitations in your case so you do not lose your right to file a lawsuit in pursuit of compensation for your injuries.
Consult With a Medical Malpractice Lawyer
Medical malpractice lawsuits can be complex regardless of what state you are in, but an attorney can help you obtain and organize documentation, collect the evidence, and file the necessary paperwork to get your case off the ground. Our team has years of experience holding medical professionals and institutions accountable for negligently harming patients like you.
We believe in accountability. We believe in justice. We believe in securing adequate compensation for you and your family so you can regain a sense of normalcy in your life and begin the rebuilding process. If you or someone you love is the victim of medical malpractice, contact us for a free consultation with a team member from Schiller & Hamilton today.