How to Prove You're the Victim of Medical Malpractice in SC
There are many types of cases that can be considered medical malpractice. However, just because you are unhappy with the outcome of medical care doesn't necessarily mean you have a viable medical malpractice case. To help you determine if you have a legitimate medical malpractice case, our HHP Law Group attorneys explain what medical malpractice is, and the signs to look for that may indicate you have a medical malpractice claim that is worth pursuing.
Basic Requirements for a Medical Malpractice Claim
Medical malpractice arises from an error on the part of one or more medical professionals – a physician, surgeon, nurse, technician, pharmacist, hospital, or others – whose performance falls short of the accepted standard of care and results in harm to a patient. Pursuing a medical malpractice claim requires demonstrating the following.
A medical provider-patient relationship existed. Usually, you must show that the medical provider you are accusing of malpractice was treating you as a patient. This is necessary to establish a “duty of care.”
The medical provider was negligent. All medical care carries a certain number of risks. To sue for medical malpractice, you must be able to show your medical provider did or failed to do something that a reasonably skilled and careful medical provider in the same circumstances would have not done/done.
Medical provider’s negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether the medical provider’s actions were negligent, and if that medical negligence led to the patient's injury. You must be able to show that it was "more likely than not" that the medical provider’s negligence was responsible for your injuries. This is why it is necessary to have a medical expert testify about the medical provider’s negligence.
The injury led to significant damages. Even if the medical provider did not meet the standard of care, you do not have a viable claim unless you suffered a significant injury or harm as a result. Harm suffered from medical malpractice normally falls into two categories:
Non-economic damages: physical pain, suffering, disability, disfigurement, emotional anguish, loss of quality of life, and/or distress
Economic damages: medical expenses, future costs of medical expenses, lost wages, and/or loss of earning potential
Signs You May Have a Medical Malpractice Case in South Carolina
Here are a few signs that could indicate you’ve been a victim of medical malpractice:
There was a lack of informed consent. Before any treatment, your medical provider should explain the risks and benefits for you to know what to expect. Lack of informed consent exists when the medical provider performed a procedure the patient did not agree to or the medical provider failed to sufficiently explain the risks and benefits, and if it had been fully explained, the patient would have declined it/chosen an alternative.
There was an error made during surgery. Sometimes medical providers will admit to an error or complication during surgery; other times patients discover themselves that a mistake was made. If you develop new symptoms after surgery that are unrelated to your original medical issue, or that indicate a mistake was made, you may be the victim of medical malpractice.
Your medical provider hasn't followed up after you raised concerns. Your medical provider should always be available to address any questions or concerns you have about your treatment, especially if you're experiencing unusual or painful side effects.
You got a second opinion that was different from your diagnosis. If you received a diagnosis or failed to receive one and sought a second opinion that resulted in a different diagnosis, that may be a sign that your original medical provider did not do his or her job correctly.
Talk with a Medical Malpractice Attorney in South Carolina
Experiencing medical malpractice is never okay. It can result in expensive, lengthy or unnecessary treatments or even death in some cases. If you think you or a loved one has been the victim of medical malpractice, it is in your best interest to contact a medical malpractice attorney immediately. Our HHP Law Group attorneys can review your case and work toward getting the compensation you deserve. If you want to know whether or not you have a medical malpractice case, contact us to schedule a free consultation.