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Patients trust medical institutions and health care providers with their lives every day. When a medical error results in further injury or illness, it can be a devastating experience.
If you suffered from a medical malpractice-related injury or illness, you may be entitled to fair compensation for your losses. However, the barriers to relief placed by insurance companies and opposing counsel could be challenging to handle by yourself. A York County medical malpractice lawyer might be able to lend a helping hand. A local personal injury attorney could review your case and help you determine how to move forward.
Defining Medical Malpractice
Medical malpractice, also referred to as medical negligence, is a subcategory of personal injury that deals with patients who are injured by health care providers while under their care and supervision. Similar to other personal injury claims, medical malpractice victims in York County may seek recovery against a defendant who causes their injuries as a result of breaching a duty of care.
Professionals like doctors and lawyers are held to a higher standard of care than other individuals. Health care providers must treat patients with the type of care that another reasonably prudent professional with the same training would provide under similar circumstances.
Seeking Medical Malpractice Damages in York County
Statute of Limitations
The statute of limitations, or time period in which plaintiffs must file their claim, can vary depending on the cause of action and the jurisdiction. South Carolina Code §15-3-545 provides a three-year statute of limitations from the date of harm, or when the patient reasonably should have known they were harmed by the defendant. The statute also provides an absolute six-year limitation on filing, regardless of whether the plaintiff knew of the injury. A York County medical malpractice attorney could help victim’s meet the applicable deadlines and determine if any exceptions apply.
Claim Requirements
Among the other requirements that must be met to file a medical malpractice claim, plaintiffs must also adhere to South Carolina’s notice of intent and affidavit of expert requirements. Under the notice of intent to file a lawsuit requirement, if someone is suing a health care provider, the plaintiff must identify the care provider to be sued and state their basis for suing. Under South Carolina Code §15-36-100, plaintiffs are also required to get an expert medical witness to describe at least one negligent act where the defendant health care provider deviated from the standard of care.
Damage Caps
Medical malpractice victims may seek damages for medical expenses, pain and suffering, and loss of enjoyment of life, along with other economic and noneconomic losses. However, the state has placed a cap on the amount of damages that may be rewarded. Medical malpractice plaintiffs not receive more than $350,000 in non-economic damages against one health care provider or facility, and a judgment against multiple defendants for non-economic damages may not exceed $1.05 million.
A York County Medical Malpractice Attorney Could Help
The reality of pursuing relief for medical malpractice injuries or illnesses is that most cases are complicated and expensive. Medical malpractice cases require expert witnesses, extensive legal research, and meticulous attention to detail. A York County medical malpractice lawyer could help make the process of seeking legal recovery less stressful and more attainable. They could take a look into your case and help you strategize your relief efforts. Call Schiller & Hamilton to discuss your case.