Not all negative outcomes are the result of medical malpractice. Malpractice occurs only when a medical professional fails to adhere to an applicable standard of medical care, and an injury or death occurs as a result. In other words, the medical professional failed to do what a reasonably careful professional would have done if facing the same or similar circumstances. To better understand what medical malpractice is – and whether it has harmed you or a loved one – please give Bobby Jones Law a call today.
How Can an Experienced Medical Malpractice Lawyer Help you With Your Claim?
When you choose Bobby Jones Law, LLC, to handle your case, you will work with a law ﬁrm that features:
Bobby has over 10 years of experience focused on helping injured victims. He knows what goes into investigating and litigating medical negligence cases. He has helped clients obtain millions of dollars in settlements over his career.
To discuss the unique facts of your case, please contact us today by phone or through our online form. Our consultations are always free and conﬁdential.
Bobby is an aggressive negotiator. He knows how to work with doctors, hospitals and their insurers in order to arrive at full and fair settlements for his clients. He is also a seasoned trial lawyer. If a settlement is not obtained, he will present a carefully prepared case to a jury on your behalf.
Our law ﬁrm works with veteran investigators and highly qualiﬁed experts, including doctors, nurses and other medical professionals. They can help us to establish what happened in your case, what party (or parties) should be held responsible and the amount you deserve in just compensation.
How Does a Medical Malpractice Claim Work?
Pursuing a medical malpractice case in South Carolina can be a complex and time-consuming process. The initial steps in the case will include:
- Getting copies of your medical records
- Asking medical professionals to review your records
- Interviewing witnesses
Once the initial investigation is complete, your lawyer will ﬁle a lawsuit, or complaint. The complaint typically is ﬁled in the Circuit Court in the South Carolina county where the medical malpractice occurred. However, a complaint could also be ﬁled in a federal court.
In South Carolina, a complaint must include an aﬃdavit, or sworn statement, from a medical expert witness that establishes what the standard of care is, and how it was violated.
In many cases, a claim can be resolved without the need to go to trial. However, if a malpractice settlement cannot be reached, you can be assured that Bobby Jones Law will be well-prepared to take your case to trial.
A trial may focus on both establishing the medical professional’s legal responsibility, or “liability,” and the amount of damages you should recover.
Once a settlement or verdict is reached in your case, your lawyer will work eﬃciently to resolve any claims that may be attached to your recovery, account for your legal fees and case costs and disburse the funds you are due.
What Should you do if You Believe You are a Victim of Medical Negligence?
If you believe that you or a loved one has suﬀered harm due to medical negligence as described above or in any other situation, you should contact an experienced South Carolina lawyer today—the longer you wait, the harder it can be to prove negligence.
A lawyer can deal with the hospital and insurance companies on your behalf. A lawyer can also launch an immediate investigation of your case and take steps to preserve important evidence.
When You Meet With A Lawyer, You Should Expect The Lawyer To Ask Questions Such As:
- What medical condition led you or your loved one to seek treatment?
- When did you receive treatment for the condition?
- Where did you receive treatment?
- Who provided the treatment to you?
- What speciﬁc treatment did the medical professional provide?
- How has the treatment hurt you physically, emotionally and ﬁnancially?
It will help if you can compile medical records, invoices and insurance statements. However, if you cannot track down those documents, it should not stop you from getting legal help.
How Long do You have to File a Medical Malpractice Claim in South Carolina?
As you consider taking action on your malpractice case, you should keep in mind the statute of limitations that applies to your case. The statute of limitations is the time period you have to ﬁle a lawsuit in court. Under South Carolina law, you have between two and three years from the date you knew or reasonably should have known that a negligent act or omission occurred in your case, depending on where the negligence occurred.
A special rule applies when a minor, or a patient under age 18, is the victim of medical negligence. The minor is allowed 7 years from the date of the act or omission to bring a claim, or until he or she turns age 18. If a claim involves a retained object, the statute of limitations is two years.
As you can see from the above, much goes into investigating and preparing a claim in South Carolina. So, you should contact an experienced Greenville medical malpractice lawyer as soon as possible in order to ensure your claim is timely ﬁled.
What can You Recover in a Medical Negligence Claim?
When you pursue a medical malpractice claim in South Carolina, you can seek to recover all damages caused by the medical negligence, including compensation for:
- Past and future medical expenses
- Lost past and future income
- Scarring and disﬁgurement
- Mental anguish
- Loss of quality of life
- Pain and suﬀering.
A South Carolina statute places a cap on the amount that can be recovered in non-economic damages such as pain and suﬀering.
Common Medical Malpractice Cases
Medical negligence can be committed by a hospital, doctor, nurse, dentist or any other medical professional. It can arise in a wide range of situations, including:
Doctors may take incomplete medical histories, ignore symptoms of serious medical conditions such as cancer, stroke or infections or fail to order necessary tests, leading to a missed or delayed diagnosis.
A doctor or nurse may fail to notice signs of trouble or act in a timely manner when emergencies arise during pregnancy, labor and delivery. Brain injuries, cerebral palsy, brachial plexus injuries and nerve damage are common birth injuries. They can adversely aﬀect a child’s quality of life and lead to costly medical needs.
Anesthesiologists may make errors with drug administration, machine operation, airway management, breathing circuit / ventilation, ﬂuid and electrolyte management, IV apparatus use and monitoring devices.
A wrong-site surgery can occur when a doctor amputates the wrong limb or operates on the wrong area of the body. Other surgical mistakes include using unsanitary tools, failing to identify infections in a timely manner, perforating bowels, puncturing an organ and leaving gauze, clamps or other instruments inside a body.
Emergency Room Errors
Even in the hectic environment of an emergency room, healthcare professionals owe a duty of care to their patients. Rushing through an examination could cause doctors, nurses or others to miss opportunities for treatment. Strokes and heart attacks, for instance, are often misdiagnosed in the ER. Researchers who studied the cases of 1,935 patients seen over seven days in one emergency room said they found errors in almost every aspect of emergency care.
These errors can occur when a doctor prescribes the wrong medication or dosage or fails to note serious drug allergies. A pharmacist can also incorrectly ﬁll a prescription with the wrong drug.
A misread X-ray, CT scan or MRI may lead to the failure to diagnose cancer or another serious medical condition. A study published in BMJ found that an estimated 40,500 adults being treated in intensive care units die each year due to misdiagnosis.
Negligent doctors, hospitals and surgical teams can make any number of serious errors that result in a perforated bowel injury. Call or reach us online today.
Bobby has helped families in Greenville and throughout South Carolina whose children suffered harm from meningitis.
Contact a Greenville Medical Malpractice Lawyer Today
The medical malpractice lawyers of Bobby Jones Law, LLC, can begin an immediate investigation of your medical malpractice case in the Upstate or elsewhere in South Carolina. We can also consult with highly qualiﬁed medical experts who can review your case and help us to assess why you or a loved one suﬀered harm.
Strict time limits apply to ﬁling claims in South Carolina. This makes it important to take immediate action if you believe that you or a loved one was harmed by the negligence of a medical professional.
When you are ready to act, contact Bobby Jones Law, LLC. We are ready to use our skills, experience and resources to help you seek the justice you deserve. Schedule a free, conﬁdential consultation today by contacting us today by phone or online.