To make a malpractice claim under South Carolina law, the injured party has to file a notice of intent and prove that:
- there was a relevant standard of medical care,
- the practitioner had a duty to meet that standard and failed to,
- the plaintiff was injured as a direct result, and
- the plaintiff has suffered damages for which he or she should receive compensation.
Some of the most common medical malpractice claims are:
1. Surgical or Procedural Errors
Surgical injuries can result when a surgical tool or implement gets left in a patient. They also result when the surgeon operates on the wrong body site or patient.
2. Misdiagnosis
A doctor can fail to diagnose the correct illness or any illness. The most common failures are cancer and heart attacks. The failure to diagnose a life-threatening condition can start a cascade of catastrophic consequences.
3. Injuries at Birth
Not only are birth injuries common, but they can cause significant life-long expenses. Common injuries include nerve damage, spinal cord injuries, cerebral palsy, and other major and minor injuries.
4. Failure to Treat
Failure to treat occurs when a doctor correctly diagnoses the patient’s condition but fails to treat it within the acceptable standards of care.
5. Prescription Drug Errors
These errors occur when a doctor prescribes the wrong drug or the right drug in the wrong amount and when a doctor fails to consider potential side effects or reactions from prescribing certain drugs together.
Robert “Bobby” Jones has concentrated his South Carolina practice in personal injury law for more than a decade. In that time, he has recovered over $35 million for his clients. Speak to Bobby today to discuss your med-mal claim and get the assistance of a Greenville Personal Injury Lawyer today.
Frequently Asked Questions
Does every injury result in a successful lawsuit?
No. Even though some advertisements sound like a medical claim is a winning lottery ticket, individuals seeking recovery must still allege and prove a breach of duty resulting in injury.
Can you recover for every mistake?
No. If, for example, your doctor recommended surgery and another correctly told you that surgery was unnecessary, you cannot sue the first doctor unless you can show a compensable injury caused by the first recommendation.
How can I find out whether I have a case?
An experienced attorney can help you determine whether you have a claim.
