Rock Hill Medical Malpractice Lawyer
It is reasonable to expect that whenever you visit a doctor, dentist, or hospital, you receive the best possible medical care. While this does not guarantee a positive result, you expect that a medical professional will prevent any further harm.
Unfortunately, mistakes in the medical field are common. Whether a doctor is fatigued from being on call for too long, fails to keep up to date with the latest scientific literature, or makes a simple mistake during a surgery, an error that results in an injury or worsening of a condition may be considered malpractice.
A Rock Hill medical malpractice lawyer could help you if a doctor’s mistake resulted in you sustaining an injury. This can include a failure to make a timely diagnosis, the misapplication of medication, or a botched procedure.
With this in mind, proving these claims is a complex process. An injury attorney could stand by your side every step of the way to fight for the compensation that 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, “…doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.”
This can be anything from a failed surgery to prescribing dangerous medications or an error made during the delivery process.
Examples of this poor care may include a failure to diagnose a condition after a patient complaint, an inability to perform a routine procedure such as setting a broken bone, or prescribing a medication that a patient’s chart lists as an allergen. An attorney could help plaintiffs evaluate whether the medical care that they received amounts to malpractice.
Types of Medical Malpractice You Sue for in Rock Hill
Many healthcare providers get away with medical malpractice because there are so many different types of medical errors that can occur. However, there are some that occur more frequently than others. Some common types of medical malpractice include:
- Failure to supervise
- Medication errors
- Delayed diagnosis
- Failure to diagnose
- Defective medical devices
Additionally, there are multiple types of medical malpractice that occur with alarming frequency. These include birth injuries, surgical mistakes, and anesthesia errors.
Birth injuries occur when a healthcare provider fails to take prompt action or makes a devastating medical mistake. Some of the more common types of birth injuries your child might experience include:
- Shoulder dystocia
- Erb’s palsy
- Cerebral palsy
- Caput succedaneum
- Facial paralysis
- Untreated jaundice
- Traumatic brain injuries
- Hyper Ischaemic Encephalopathy (HIE)
- Intrauterine fetal demise
- Prolapsed uterus
- Uterine rupture
- Injuries caused by vacuum extraction complications
- Subconjunctival hemorrhage
Surgical errors also continue to be a major cause for concern across Rock Hill and the state of South Carolina. Some of the most common surgical errors our firm has seen include:
- Leaving an instrument or foreign object in a body cavity
- Injuring a nerve during surgery
- Operating on the wrong person
- Operating on the incorrect body part
- Performing an incision at the wrong site
Individuals subjected to anesthesia errors are at risk for debilitating injuries and even death. Some of the more common types of anesthesia errors you could be subjected to include:
- Prolonged sedation
- Incorrect anesthesia dosage
- Failure to recognize or treat anesthesia complications
- Failure to monitor patients
- Delayed delivery of anesthesia
These are just a few of the more common ways in which medical malpractice can occur. You may not always know whether you are a victim. If you have your suspicions but are not sure where to help, reach out to our firm for support.
Legal Options for Victims of Medical Malpractice
Victims of medical malpractice may have the opportunity to bring the at-fault party to justice. There are multiple ways in which you could recover compensation for your damages. This might include filing a malpractice insurance claim or bringing your case to court.
Here is more about each of these options:
Filing a Malpractice Insurance Claim
Most healthcare providers are protected by malpractice insurance. Even the healthcare industry is known for making mistakes. Malpractice insurance is designed to protect healthcare providers who make medical mistakes. You may have the opportunity to file a claim with the insurance company and recover certain types and amounts of damages.
However, your medical malpractice insurance settlement may not be enough to adequately meet your needs. When this happens, your attorney will be prepared to bring your case to court so you can get the most out of your claim.
Bringing Your Case to Court
Filing a civil lawsuit against the individual or entity responsible for causing your injuries may be the best way to recover fair compensation for your damages.
If the defendant does not have malpractice insurance, filing a medical malpractice lawsuit against them may be your only option for financial recovery. At trial, you may have the opportunity to recover compensation for every single loss you have suffered, including both economic damages and non-economic damages.
Who Can Be Sued for Medical Malpractice in Rock Hill?
Rock Hill medical malpractice victims could file lawsuits and insurance claims against our healthcare providers and anyone else who could be responsible for their injuries or illness.
Generally, some of the more common healthcare providers and entities named in Rock Hill medical malpractice claims include:
- Physicians assistants
- Nurses assistants
- Doctor’s offices
Whether you have the opportunity to file a claim against the hospital or doctors office in your case will be based upon whether the physician was considered an independent contractor or an employee of the hospital. If the physician or other negligent healthcare provider was an employee, you could move forward with your case.
However, if the healthcare provider was an independent contractor, the hospital may not be responsible for its actions. Your attorney can give you a better understanding of who is responsible for your injury or illness after having conducted an in-depth investigation into the cause of your condition.
Meeting the Court’s Strict Regulations for Medical Negligence Cases
Presenting evidence that a defendant doctor committed malpractice is only one part of pursuing these often-challenging claims. The rules control the ways that plaintiffs can pursue cases and how they must consult with an expert prior to taking a case to court.
Perhaps the most important part of any case stemming from a doctor or other medical professional’s error is the expert witness requirement. A malpractice claim alleges that a medical professional failed in their duty to perform with reasonable skill.
As a result, it is necessary to hire an expert to testify as to how the defendant’s care fell below this standard. In fact, a plaintiff cannot even file a complaint in court without first hiring this expert.
South Carolina Code §15-79-125 (A) states that a signed affidavit from an expert must accompany any complaint alleging malpractice. The affidavit must state 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 local lawyer with experience handling medical malpractice claims could help injured patients connect with qualified experts as well as meet the state’s rules concerning the proper pursuit of a claim.
What to Expect from the Medical Malpractice Claims Process
The medical malpractice claims process is often intense. While you recuperate from your injuries, your attorney will be responsible for dealing with all of the legalities of your case. If you are feeling overwhelmed, you are not alone. You will have a team of legal professionals working to recover the compensation you deserve.
Some of our top responsibilities will include:
- Opening up an investigation into how medical errors occurred
- Establishing fault in your medical malpractice claim
- Obtaining evidence needed to prove liability
- Calculating the value of your medical malpractice claim in Rock Hill
- Filing your insurance claim and negotiating with the insurance company
- Pursuing a civil lawsuit if insurance negotiations are unsuccessful
How Much Could Your Rock Hill Medical Malpractice Claim Be Worth?
If you have been wondering how much you could be awarded if you move forward with your medical malpractice claim, you would not be the first. After everything you have been through, it makes sense that you want to feel reassured about the compensation you will be awarded.
After having gone over all of the ways your life has been affected by your injuries, your attorney can give you a clearer idea of the value of your claim. Some of the more common types of damages you could recoup in your Rock Hill medical malpractice claim include:
- Medical expenses and future medical care
- Diminish quality of life and loss of consortium
- Pain and suffering
- Loss of household services
- Lost wages and diminished earning capacity
- Dismemberment, skin scarring, and disfigurement
Get in Touch With a Rock Hill Medical Malpractice Attorney
It is reasonable to expect that whenever we seek medical attention, whether this is for a physical examination, a planned surgery, or emergency care, we receive competent treatment. Sadly, this is not always the case. A failure on the part of a medical professional to provide a correct diagnosis or to properly perform a procedure may be considered malpractice.
A Rock Hill medical malpractice lawyer could help you to pursue the compensation needed to get your life back in order. This can include identifying an expert witness to testify on your behalf, evaluating your losses, and participating in all settlement, mediation, and trial sessions to bring you the compensation you deserve. Call today to schedule an appointment with us.