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 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 these claims is a complex process. An experienced 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. A knowledgeable attorney could help plaintiffs evaluate whether the medical care that they received amounts to malpractice.
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.
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 an experienced attorney.