Are You a Victim of Medical Malpractice in South Carolina?
At David W. Martin Accident and Injury Lawyers, our South Carolina medical malpractice lawyers know that our state ranks lower in these cases than most, with nearly 19 cases filed per 100,000 residents, placing us 32nd in the country in these complex personal injury filings.
In a state with nearly 5.2 million people, these cases are less about how many occur, but how devastating medical malpractice can be to anyone resident’s current health and future well-being.
The bottom line is, no one should leave a medical facility more injured than when they arrived.
Medical malpractice can come in many forms from medication or surgical errors to failures to diagnose fatal diseases which can leave our residents permanently injured or facing what may have been a preventable death.
If you or a loved one has suffered injuries while seeking medical care from a physician, surgery center, hospital, or another facility, contact our dedicated medical malpractice attorneys in South Carolina to determine who can be held liable for your financial recovery during a consultation today.
Why Do I Need to Hire a Medical Malpractice Attorney in South Carolina?
Even if it is noticeably clear that your injury or the loss of your loved one was the direct cause of medical malpractice, the requirements necessary to guide your case through the legal system can be overwhelming.
The complexities involved in medical malpractice cases require following several complicated procedural rules that are unique to these types of lawsuits.
The process begins with ensuring we can prove your injuries were caused by medical malpractice, which requires establishing:
- Negligence occurred by outlining the violation(s) of the standard of care provided by the medical professional
- Negligence caused the patient’s injury, which would not have occurred otherwise
- Significant damages resulted from the injury during the negligent medical professional-patient relationship
Our experienced medical malpractice attorney in South Carolina will outline the totality of negligent actions or inaction that caused our client’s injuries, which reflect the damages we are seeking on their behalf in the form of financial compensation.
However, the legal requirements continue, as we must file the following legal documents to proceed before your medical malpractice case can begin:
· Notice of Intent
· Affidavit of Expert
Before filing a medical malpractice lawsuit in South Carolina, we must begin the legal process by compiling a Notice of Intent to File Suit to ensure all healthcare providers who are being named in the lawsuit are properly identified. The Notice will also outline the complaint, and the basis of our lawsuit, while asking the court for a legal remedy.
This Notice will include an expert affidavit prepared by a qualified medical expert witness, supporting our claim by describing how the healthcare provider(s) listed in the Notice were medically negligent through their actions or inaction.
At the David W. Martin Accident and Injury Lawyers, our medical malpractice attorneys in South Carolina focus on providing our clients with the compassionate and skilled legal representation they need — and deserve — to pursue financial compensation from the doctor, physician’s group, or facility that caused their injuries, so they can get their lives back.
We can help you and your family too, starting with a consultation, so you know what to expect from the legal process and can make informed decisions regarding the direction of your case.
Our South Carolina personal injury lawyers represent individuals and families who have been hurt or have lost a loved one in:
- Auto Accidents
- Bicycle Accidents
- Boat Accidents
- Dog Bites
- Motorcycle Accidents
- Negligent Security
- Nursing Home Negligence
- Pedestrian Accidents
- Sexual Abuse
- Slip and Fall Injuries
- Truck Accidents
- Workers’ Compensation
- Wrongful Death
- Rideshare Sexual Assault
How Much is My South Carolina Medical Malpractice Case Worth?
At David W. Martin Accident and Injury Lawyers, our medical malpractice lawyers in South Carolina will outline your complete damages and how they have affected both your day-to-day activities and your long-term quality of life to ensure we are pursuing the financial remedy you need to get your life back.
However, in South Carolina, our medical malpractice laws have placed a cap or the maximum amount of financial recovery on these cases, to limit the compensation injury victims can pursue in non-economic damages.
That makes it important to understand the difference between economic damages and non-economic damages.
- Economic damages reflect tangible costs associated with your medical malpractice claim, including medical expenses, lost wages, and other financial losses that were a direct result of the harm you were caused while under a physician’s care.
There are no financial recovery limits on economic damages in medical malpractice cases in South Carolina.
- Non-economic damages reflect the costs of your pain and suffering, emotional distress, and the loss of enjoyment of life that resulted from the malpractice.
The financial recovery caps on non-economic damages in South Carolina medical malpractice cases include:
- A maximum of $350,000against a single healthcare provider or institution
- A maximum of $1.05 million against multiple healthcare providers or institutions
If you have suffered serious injuries because of medical negligence, you may be entitled to significant compensation based on the facts of your case, and our medical malpractice lawyers in South Carolina want to help you get the damages you deserve, so you can put this traumatic incident behind you.
Will I Have to Go to Court if I File a Medical Malpractice Lawsuit Against a Healthcare Provider in South Carolina?
Once our skilled South Carolina medical malpractice attorney files the required Notice of Intent against the healthcare provider(s) and/or facility responsible for our client’s injuries, the case is officially underway, which means the statute of limitations is effectively paused.
That is great news because time cannot run out on your claim, which means you have the opportunity and legal leverage you need to pursue real financial results.
Second, the liable party or parties that are named in our medical malpractice lawsuit have 90 to 120 days to participate in mediation, where they will quickly try to resolve this dispute before we officially file the medical malpractice lawsuit.
If at any time, these negotiations break down, we will pursue the medical professionals liable for your injuries inside the courtroom.
Contact Our Dedicated Medical Malpractice Attorneys in South Carolina for a consultation Today
At David W. Martin Accident and Injury Lawyers, our South Carolina medical malpractice lawyers understand not only the complexities involved in the legal side of these cases, but the physical and emotional trauma that comes with acknowledging that the person, party, or entity you trusted with your health has harmed you instead. This is a difficult scenario, and we want to help you get through it quickly, professionally, and successfully.
Contact our skilled medical malpractice attorneys in South Carolina to schedule a consultation to discuss your case today by calling 803-258-6199. We can help you put this traumatic experience behind you, so you can move forward with confidence.