Our experienced Greenville medical malpractice lawyer at Bobby Jones Law explains what to do if you suspect medical malpractice in Greenville.
What Do You Do If You Suspect Medical Malpractice?
If you suspect medical malpractice:
- Prioritize your health. You may need to seek other healthcare to get the treatment you need and to address the injury resulting from malpractice.
- Take notes. Make written notes of your symptoms, things that happened, and your suspicions.
- Gather records. Assemble medical records, discharge instructions, bills, and other documents from your care.
- Involve a lawyer. Involve a lawyer early to gather evidence, provide guidance, and assess the situation.
Many healthcare providers have online portals. Your portal can be a helpful starting point for gathering records. In addition, gather papers they’ve given you, such as visit summaries.
Stay off social media
It can be tempting to update family and friends on social media. But your social media will be scrutinized in a medical malpractice claim. Don’t post anything about your health on social media. Even posting on social media can be evidence of your medical condition.
How Do You Know If What Happened to You Qualifies as Medical Malpractice in SC?
The question of how to know if you have a medical malpractice case is why things went wrong in your medical care. Medical malpractice can occur because of a lack of knowledge, skill, attention, or diligence. If the care you received was lacking in one of these areas, you may have a claim.
Evaluating medical care can be challenging. Most people are not medical experts. You may not have all the facts, either. Healthcare providers may try to hide what happened, or there may be things that you don’t know to ask.
An experienced attorney can evaluate your case.
What Is the Standard of Care in a South Carolina Medical Malpractice Case?
The standard of care in a South Carolina medical malpractice case is reasonableness. When a healthcare professional provides services, they must adhere to the following:
- Affirmative duty. Provide care that meets minimum standards of reasonableness.
- Negative duty. Avoid doing things that a reasonable healthcare provider would not do.
- Prevailing standard. Meet prevailing standards of adequate care, given their medical training.
- Same specialty. Meet standards for practitioners in their respective specialties.
The standard of care for medical malpractice is a minimum standard. Healthcare professionals must meet the bare minimum of what’s acceptable. They don’t have to be perfect, and they don’t have to prevent every bad outcome. But they must meet standards of reasonableness.
Why Gathering and Preserving Medical Records Is Critical After Suspected Malpractice in SC
Medical malpractice claims rely on medical standards. It’s more than just proving that someone acted negligently in general. The standard is based on a reasonable healthcare professional, which means the case will involve medical facts. That can make a medical malpractice claim more complex, both factually and legally, than other types of personal injury claims.
Medical records are critical to proving a case. Your medical expert reviews these records to explain how malpractice occurred.
Some medical records you can get just by asking the healthcare provider for copies. If they’re evasive or if you’re having trouble getting records, an attorney can assist you.
Should You Confront Your Doctor If You Suspect Medical Malpractice in Greenville?
No. It’s best not to confront your doctor if you suspect medical malpractice. The doctor might alter records, try to hide what happened, and build defenses.
You need to do what’s necessary to address the issues, which might mean seeing a different care provider right away. You also need a complete copy of your medical records. The doctor may suspect that you have questions about your care. But it’s best not to have a direct confrontation. Instead, let your attorney build your case and file it at the right time.
How Long Do You Have To File a Medical Malpractice Claim in South Carolina?
You have three years to file a medical malpractice claim in South Carolina. Usually, the timeline runs from when the malpractice occurs or when you discover it. Even if you discover the malpractice later, you have no more than six years to file your case.
Foreign objects left in the body
When malpractice is a foreign object left in the body after surgery, you have two years to file your case from the time you discover it.
Government defendants
You have two years to file a medical malpractice claim in Greenville, SC, when the defendant is a government-owned healthcare facility.
Minors
Minor children may toll the statute of limitations for seven years on account of their minority, or for one year after they become an adult. The time limits are different for foreign objects left in the body.
Starting your case
There’s important work to do to prepare a medical malpractice case. Never wait to contact an attorney.
What Does a Greenville Medical Malpractice Attorney Do To Evaluate Your Case?
A Greenville medical malpractice attorney uses their training and experience to answer several questions:
- Malpractice. Did medical malpractice occur? What were the acts of negligence? How many acts of negligence were there?
- Standard of care. What is the prevailing medical standard?
- Proof. How can we prove that medical malpractice occurred?
- Experts. What expert do I need?
- Causation. How did malpractice result in harm?
- Defenses. What will the defense say in response?
- Issues. What legal or factual issues will be especially important?
- Compensation. How much is the case worth, based on South Carolina law?
- Defendant. Who is the defendant or defendants?
- Jurisdiction. What court will hear the case?
- Strategy. What strategy is best for the client?
An experienced Greenville, SC, medical malpractice attorney looks at all these factors to evaluate the case. They can then create the best strategy to pursue your compensation.
Why Acting Quickly After Suspected Medical Malpractice in Greenville Can Protect Your Claim
Acting quickly when you suspect medical malpractice can make your legal claim more efficient.
An experienced Greenville, SC, medical malpractice attorney can help you with the next steps when you suspect medical malpractice.
Talk to a Lawyer
Bobby Jones Law is an attorney for medical malpractice in Greenville, SC. Please contact us.
