When doctors are careless, you could be left in worse shape than before you sought medical care. If you’ve suffered a medical injury because of your doctor, speak with a South Carolina medical malpractice attorney.
When we visit a doctor, we expect proper care and attention to our health. We pay for insurance and doctor visits to keep ourselves healthy. Unfortunately, you might have left the hospital in worse shape than when you arrived.
Medical negligence is a serious problem, and when your doctor lets your health decline through carelessness, you deserve compensation for your suffering. But filing a claim against a doctor or hospital can be complicated and difficult. Filing a malpractice claim without help can be overwhelming.
If you’re struggling to recover compensation for your medical injury, contact a South Carolina medical malpractice lawyer at HawkLaw, PA. Our attorneys will fight for you.
Examples of Medical Malpractice
A decline in your health after a visit to your doctor isn’t always medical malpractice. In some cases, there’s nothing the doctor can do but minimize harm.
Medical negligence, however, occurs when your doctor should have taken more steps to protect your health and prevent injury. Doctors have a “duty of care,” meaning that they have a responsibility to protect your health. When they don’t do that, you could be seriously injured.
The following are some examples of types of medical malpractice claims:
Birth Injuries – A delivery can go wrong in an instant, and if your doctor doesn’t act quickly, you and your child may suffer serious injuries. For example, if an emergency C-section is needed and the doctor doesn’t act, a lack of oxygen could damage your baby’s brain.
Failure to Diagnose – Doctors accidentally misdiagnose things sometimes, but when they’re negligent or careless with a diagnosis, the results can be life-threatening. For example, you might have come to your doctor with severe abdomen pain that was brushed off as a stomach ache. Later, you’re in the ER because you have appendicitis, and your doctor is responsible for not taking time to make a proper diagnosis.
Anesthesia Mistakes – Administering anesthesia can be delicate and dangerous. If your doctor didn’t check for previous treatments, medications, or health concerns, his or her mistake could cost you dearly.
South Carolina Medical Malpractice Laws and Your Case
Unfortunately, most states have complex medical malpractice laws to protect doctors, and South Carolina is no exception. Be sure that you speak to a South Carolina medical negligence lawyer before starting your claim because, if you make a mistake, you could lose your chance at compensation.
First, remember that you’ll need to file within three years for most cases. This may be extended to three years from the date you discover a medical injury, but the overall time frame can’t be longer than six years ago. If you miss the deadline for filing your medical malpractice claim, your case will almost certainly be dismissed, and you’ll be unable to recover compensation.
Once you’re ready to file, keep in mind that you’ll need to send a Notice of Intent to File Suit to the court and all the medical professionals who might be sued. You’ll need to also have an expert witness for your claim. This witness will prepare a document that details the negligent decisions your healthcare provider made and how they injured you.
You’ll also need to keep South Carolina medical malpractice damage caps in mind. While the suffering you’ve experienced from your injury might be extreme, South Carolina residents can only be awarded up to $350,000 from a single medical provider for their non-financial losses. If you’re suing more than one party, the cap is extended to $1.05 million, but the $350,000 cap still applies to individual parties.
Keep in mind that these caps apply only to non-economic damages like emotional trauma and loss of consortium. The caps do not apply to economic damages, such as additional medical bills and lost income.
Compensation You Could Receive
While your non-economic damages are limited, your medical malpractice attorney in South Carolina will still pursue the full compensation you deserve. But which damages should be included in a medical malpractice claim? Your compensation should cover all damages you’ve suffered because of your doctor’s actions.
If you’re not sure what to include, speak to our attorneys about your damages, which may include the following:
Current and future medical expenses
Pain and suffering
Contact a South Carolina Medical Malpractice Attorney
Medical malpractice can be difficult to overcome. Not only are you facing down doctors and hospital groups who will try to discredit you, but you’re also dealing with a complex set of laws that may be difficult to navigate without help.
The team at HawkLaw, PA can give you the help you need. Our attorneys will fight for the compensation you deserve every step of the way—from your free initial consultation to the closing statements in court. We know how difficult overcoming a medical injury can be, and we’re ready to help.
For more information, reach out to a South Carolina medical malpractice lawyer. Call us at 1-888-HAWK-LAW (429-5529) or complete the form at the bottom of the page.
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