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 medical malpractice.
A Rock Hill medical malpractice lawyer may be able to 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 a medical malpractice claim is a complex process. An experienced attorney could stand by your side every step of the way to fight for the compensation that you deserve.
Defining Medical Malpractice
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.”
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. A Rock Hill medical malpractice attorney could help plaintiffs evaluate whether the care that they received amounts to malpractice.
Working to Meet the Court’s Strict Rules
Presenting evidence that a defendant doctor committed malpractice is only one part of pursuing a claim. The rules in Rock Hill 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 medical malpractice case 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 medical 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 Rock Hill 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 medical malpractice claims.
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 a 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 an experienced Rock Hill medical malpractice lawyer at Schiller & Hamilton.