It is reasonable to expect the best possible care whenever you visit a doctor, dentist, or hospital. While this does not guarantee a positive result, you presume a healthcare professional will prevent further harm.
Unfortunately, medical errors are all too common. Whether a doctor is fatigued from being on call for too long, fails to keep up-to-date with the latest medical community techniques, or makes a surgical mistake, a resulting error may be considered medical malpractice.
If a doctor’s mistake resulted in a chronic injury, an experienced Rock Hill medical malpractice lawyer will represent your claim and help you fight for the compensation you deserve.
What Is Considered Malpractice in Rock Hill?
All medical professionals in Rock Hill must adhere to the state’s laws concerning competent medical practice.
According to South Carolina Code §15-79-110 (6), medical malpractice is something that a generally reasonable health care practitioner or institution in similar circumstances would not do. Or conversely, not performing an act that a reasonably sensible health care institution or health provider would do.
This can be anything from a failed surgery to a prescription drug liability or a birth injury.
Examples of this poor medical care may include:
- A failure to diagnose a condition after a patient complaint: A doctor should always listen to his patients, but if he doesn’t take their symptoms seriously enough, it could lead to severe consequences. If a doctor or nurse ignores a patient’s complaints about pain, swelling, or other problems and fails to evaluate them properly, this could constitute medical negligence.
- A failure to provide adequate treatment: Sometimes, healthcare providers fail to give proper treatment because they don’t have the time or resources to treat certain conditions. For example, a doctor may prescribe an antibiotic when there’s no need. This negligent behavior can cause side effects like nausea, vomiting, diarrhea, skin rashes, and other issues.
- A failure to warn a patient about potential risks: Doctors often fail to inform their patients about the risks associated with a procedure. They may also neglect to tell patients about alternative treatments. When a doctor fails to warn a patient about these risks, this could also be considered medical malpractice.
- A failure to follow accepted standards of care: The standard of care refers to the actions that a reasonable and cautious doctor would do in the same or comparable circumstances. This includes following guidelines by the American College of Physicians (ACP), the American Academy of Pediatrics (AAP), and other reputable organizations.
- An inability to perform a routine procedure such as setting a broken bone: In some cases, doctors fail to complete a simple task correctly. For instance, a doctor may miss a break in a leg while treating a patient. This could result in permanent damage or even death.
- Prescribing a medication that a patient’s chart lists as an allergen: Patients who suffer from allergies are sometimes prescribed drugs containing latex or peanuts. However, the patient’s record might list those allergens as “unknown” or “not applicable.” As a result, the patient takes the wrong medication and suffers adverse reactions.
- Failing to check vital signs before administering anesthesia: Anesthesiologists must ensure that patients are medically stable before giving them general anesthesia. They should monitor the patient’s blood pressure, heart rate, breathing rate, and body temperature. If these values go outside normal ranges, the patient may experience complications during surgery.
In addition to these examples, many other medical malpractice types occur daily. These include committing medication errors by prescribing drugs without a valid medical reason, failing to diagnose a disease, and providing substandard care.
A knowledgeable attorney can help you evaluate whether the medical care you received is malpractice.
For a free legal consultation with a medical malpractice lawyer serving Rock Hill, call 1-803-366-0333
Meeting the Court’s Strict Regulations for Medical Negligence Cases
Presenting evidence that a defendant’s doctor committed malpractice is only one part of the challenges a plaintiff’s legal team can face. The rules control how plaintiffs can pursue a medical malpractice claim and how they must consult with an expert before taking a case to court.
The expert witness requirement is perhaps the most essential part of any medical malpractice lawsuit. A malpractice claim alleges that a medical professional failed in their duty of care to perform with reasonable skill.
As a result, it is necessary to hire medical experts to testify how the defendant’s care fell below this standard. In fact, a plaintiff cannot even file a complaint in court without first hiring these medical specialists.
Law Requires a Signed Affidavit from Your Expert Witness
South Carolina Code §15-79-125 (A) states that a signed affidavit from an expert must accompany any complaint alleging malpractice. The affidavit must indicate that the expert has a good faith belief that malpractice did occur and that this malpractice is the cause of the plaintiff’s injuries.
A Rock Hill lawyer with extensive experience handling medical malpractice claims can help injured patients connect with qualified experts. This will also help them meet the state’s rules concerning the proper claim pursuit.
Rock Hill Medical Malpractice Lawyer Near Me 1-803-366-0333
What does a Medical Malpractice Lawyer Do?
Medical malpractice lawyers work on behalf of both plaintiffs and defendants. Their goal is to ensure that injured patients receive fair compensation for their injuries.
They Investigate the Malpractice Claims
They investigate the facts surrounding a particular incident and evaluate your losses. Lawyers then use this information to determine if a medical negligence claim exists. They may also seek out additional witnesses and documents to support the allegations.
They Gather Evidence
If a client decides to sue, attorneys will conduct discovery to gather evidence. That includes obtaining records from hospitals, doctors, and insurance companies. It also involves deposing witnesses who were involved in the alleged incident.
They Represent Clients in Negotiations or at Trial
Sometimes, the defendant will admit liability and settle the case before trial. If the parties agree, your lawyer will collect their fees from your compensation amount.
If the case does not settle, you may have to go to trial and prove that the defendant was liable for your injuries.
Your lawyer will present all of the evidence of negligence gathered during discovery. They will also identify an expert witness to testify on your behalf that the defendant’s actions fell below accepted standards of practice.
In some cases, the opposing party will offer its own medical experts. These are called rebuttal witnesses. During cross-examination, your attorney will attempt to discredit the testimony presented by defense experts.
Your Attorney Will Be With You Every Step of the Way
Your medical malpractice lawyer will be available to participate in all settlement, mediation, and trial sessions to bring you the compensation you deserve.
Medical malpractice claims often involve complex issues. Because of this, it’s essential to find an experienced attorney who understands the law and the healthcare industry.
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Get in Touch with a Rock Hill Medical Malpractice Attorney Today
It is reasonable to expect that we should receive the best care whenever we seek medical attention. This is true for a physical examination, a planned surgery, emergency treatment, or any medical procedure. Unfortunately, this is not always the case.
A failure on the part of any medical professional to provide a correct diagnosis or to properly perform a procedure may be considered malpractice.
A Rock Hill medical malpractice lawyer will help you pursue a compensation claim that will give you the means to get your life back in order. Contact us today to schedule an appointment with an experienced attorney.
Call or text 1-803-366-0333 or complete a Free Case Evaluation form