Charleston Medical Malpractice Attorney

Medical malpractice is a serious issue that can have profound effects on patients and their families.

In Charleston, as in the rest of South Carolina, medical malpractice cases are governed by specific laws and regulations, which require a deep understanding of legal and medical principles.

Navigating the complexities of medical malpractice claims often requires expert legal guidance. If you or a loved one has suffered harm due to medical negligence, understanding your rights and options is crucial. Here’s what you need to know about finding and working with a Charleston medical malpractice lawyer to seek justice and compensation.

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm or personal injury to the patient. This can include errors in diagnosis, treatment, surgery, or aftercare.

We are here to advocate for patients who experience declines in health or death due to a healthcare provider’s negligence. Find out how Hendrickson & Long, PLLC, can assist with your claim.

Types of Medical Negligence

Medical malpractice can take many forms, as healthcare providers can make various errors that impact patients’ health and safety. Some of the most common types of medical malpractice include:

• Emergency room errors
• Birth injuries
• Surgical errors
• Medication errors

Establishing Liability

There’s a fine line between what constitutes provider negligence (liability) and what doesn’t.

For any patient, there’s going to be an assumption of some degree of risk. That’s when the standard of care rule applies, which prompts further inquiry into whether the harm or injury happened because a healthcare provider’s actions deviated from the norm that similarly trained professionals in the same geographic space would have taken.

The grounds for filing a medical malpractice lawsuit are most optimal when It can be shown that a medical professional deviated from the norm in treating a patient.

Also, you must be able to establish the four elements of negligence in a case like this to hold the responsible party liable for what happened. Those elements include:

• There was a duty of care your medical provider owed you.
• Your healthcare provider violated that duty of care when they had an obligation to uphold it for you.
• Their breach of that duty caused you harm.
• You have documentable injuries or other adverse health impacts you suffered due to that duty of care violated

You (or your attorney) may rely on evidence you’ve compiled, including medical records from before and after the alleged negligence occurred, to show how a provider’s actions caused you harm.

In some cases, a Charleston medical malpractice lawyer will bring in expert medical reviewers who can analyze your records to give their professional opinions and ensure you put forward the strongest case possible.

Potential Liable Parties for Malpractice

Doctors are perhaps most commonly sued for malpractice, typically for the following reasons:

• Diagnostic mistakes, including misdiagnoses or delayed diagnoses
• Anesthesia or surgical errors
• Radiology misreadings involving X-rays, CT scans, ultrasounds, etc.
• Failing to perform proper informed consent of patients who suffer unexpected consequences
• Childbirth injuries

However, they’re not the only ones named as defendants in lawsuits. These can include:

• Hospitals: These facilities can be sued for negligent hiring, training, supervision, and other oversights that contribute to non-physician staff members, such as nurses, making errors.
• Pharmacists: Mistakes can occur when they compound drugs for an infusion or merely dispense the drug when filling a prescription.

It’s also worth noting that although the focus above is largely on physical health or treatment provided by medical doctors, claims can be filed against dental professionals, eye doctors, chiropractors, mental health therapists, and others.

Filing Deadlines That Apply to Medical Negligence Claims

Our state’s laws give those injured by healthcare professionals two years to file a claim or lawsuit after becoming victims of a medical error or from the date they should have discovered it.

There are exceptions to this rule, so you’ll certainly want to discuss your unique situation with a lawyer to see if they apply to your case.

Recovery Limits in Medical Malpractice Cases

Additionally, West Virginia Law Section 55-7B-8 specifies how our state applies a cap to the amount of noneconomic damages recoverable in cases involving negligence on the part of medical professionals at $250,000.

However, that amount is constantly changing because of adjustments for inflation. It increases to $500,000 in wrongful death cases resulting from errors and other types of malpractice.

The Role of a Charleston Medical Malpractice Lawyer

As a patient, you may have already been in a precarious situation when originally seeking help from a doctor, nurse, pharmacist, dentist, chiropractor, or any other medical provider.

Now, you may be shocked to find that your life has taken an even more concerning downturn due to their negligence or recklessness.

It can be challenging managing your newfound health situation along with any pre-existing issues. Sometimes, even compiling the evidence you need to build a strong case against the party who harmed you may be just too much to handle. We’re here to help.

Hendrickson & Long, PLLC’s attorneys have experience working on cases like yours, and we’re prepared to hold responsible parties accountable for their actions. We’ll also fight to ensure that you receive maximum compensation for what you went through and, hopefully, ensure that no one has to go through what you did.

It begins with a no-risk case evaluation, during which we can determine the merits of your claim and explain your respective rights. Let’s meet for that initial consultation now.

Contact our office today to speak with an experienced Charleston medical malpractice lawyer.