Medical Malpractice
What to Know About Medical Malpractice in South Carolina
HHP Law Group represents clients involved in all types of South Carolina medical malpractice lawsuits. Whether you have experienced harm under the care of a doctor, a physician’s assistant, a physical therapist, a nurse, or any other type of medical provider, our medical malpractice attorneys are prepared to investigate and pursue your case. Our practice is built on years of experience in successfully obtaining compensation for clients in Columbia and across the entire state of South Carolina who have experienced serious and catastrophic injury or death as a result of medical malpractice.
What is Medical Malpractice in South Carolina?
Medical malpractice occurs when a medical provider or medical institution’s actions or omissions fall below the acceptable standard of care, resulting in serious injury or death to a patient.
When you have a consultation with our medical malpractice attorneys, they will ask you initial questions to attempt to determine whether you may have a claim. If our attorneys believe it is possible there might have been medical malpractice, then they may elect to have an expert in the applicable medical field review the matter. Expert testimony is required to commence a medical malpractice lawsuit in South Carolina.
In South Carolina, the burden of proof is on the plaintiff, the person bringing the lawsuit, which means we will have to demonstrate through expert witness testimony and other evidence that not only did the medical provider breach the applicable standard of care, but that the actions/inactions caused the injury or death. HHP Law Group attorneys have been successful in meeting this burden and obtaining compensation for individuals with serious injuries, and whose loved ones have died. For example, our attorneys have successfully used a medical provider’s own protocols to prove that it failed to comply with federal law and improperly released a mentally ill patient.
Is There A Statute of Limitations for Medical Malpractice?
The time limit to file a medical malpractice lawsuit varies depending on who the injured party is, who the defendant is, and what type of claim is being brought. This time limit may also depend on when you knew or should have known that you might have a claim. Ultimately, there is a time limit, also known as a statute of limitations, for all medical malpractice actions. Please call us for a free consultation at 803-400-8277.
Can You Handle My Medical Malpractice Claim in Columbia?
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HHP Law Group represents clients who have suffered many different types of injuries as a result of medical malpractice. The following are a few examples:
Birth Injury
Birth injuries are more common than people realize. If either you or your child was seriously injured during your child’s birth, and you believe it is because a medical provider did not follow the correct medical standard, you may have a claim.
Traumatic Brain Injury (TBI)
A TBI is when brain tissue experiences damage as a result of sudden trauma. This could happen for any number of reasons, but it also may be caused by negligence on the part of your medical provider or hospital.
Communication Errors
If a medical provider does not properly communicate to staff or the patient material information about an injury or disease, this can lead to worsening of an injury or disease.
Medical Facility Slip-and-Fall
HHP Law Group has successfully handled all types of slip-and-fall cases, including those where injury is sustained in a medical facility.
Nursing Home Abuse
Neglect and abuse of aging loved ones frequently occurs in the nursing home or acute care setting. If an individual is incapacitated or immobile, they need regular turning and attention to prevent bed sores and other complications.
Radiology Misreads
Misreading of a radiology (X-ray, MRI, CT scan) report can have serious consequences if it means you do not receive the proper diagnosis and treatment or if you receive unnecessary treatment.
Jailhouse Abuse and Neglect
Everyone is entitled to proper medical care. If you believe you experienced substandard medical treatment in a South Carolina correctional facility, please contact us for a consultation. HHP Law Group attorneys have successfully used medical records, medical expert testimony, and eyewitnesses to prove that physicians and medical staff have failed to properly diagnose and effectively treat an inmate.
Failure to Diagnose
If a medical provider or a hospital fails to diagnose you with a clearly presented medical condition, the consequences can be severe.
Wrongful Administration of Medication
Medications are regulated by the FDA, and medical providers should be aware of which medications should not be administered given a patient’s condition or other medications taken. The results of the improper prescription and administration of contra-indicated medications can be disastrous.
Surgical Complications
Surgery is complex. Complications can arise during and after surgery which are life threatening. While not every complication is a breach of the standard of care, it is important for medical providers to timely identify and react to these complications.
FAQs
What might I recover?
A party who has been injured or has died as a result of medical malpractice can recover damages designed to compensate them for their injuries/death. These include but are not limited to compensation for their medical bills, lost wages and diminished earning capacity, permanent injuries and impairment, disfigurement and scarring, physical pain and suffering, mental suffering and aggravation, and their loss of enjoyment of life or change in lifestyle. In rare occasions, the misconduct of the health care provider may be so egregious that punitive damages, which are designed to punish the conduct, may be awarded to the injured party.
Should I hire an attorney for my malpractice claim?
In our experience, it is extremely rare for a malpractice claim to be pursued and result in a favorable outcome without the assistance of an attorney. These cases are factually and legally complex and require an extensive amount of discovery, expert witnesses, and document review. The HHP Law Group is willing and ready to discuss with you any potential medical malpractice case.
What do I need to have my case reviewed?
Almost all medical malpractice cases are based around the medical records related to the treatment in question. These records, as well as any related records for subsequent treatment, should be obtained by anyone interested in a consultation. A patient has the right to request and obtain their records from a health care provider. If the patient is deceased, the personal representative can obtain the medical records. The HHP Law Group may be able to provide you with certain documents, which will make it easier for you to obtain the necessary records.
What Will My Claim Cost Me?
Our attorneys understand that clients may not have the resources to fund their case upfront, especially if you have been injured and cannot work as a result. All consultations with HHP Law Group are free of charge. If HHP Law Group represents you in your medical malpractice case, we will take your case on a contingency basis. This means that the attorney fees are a percentage of any recovery by way of settlement of trial verdict. Additionally, the costs to pursue the matter (third party expenses, filing fees, etc.) are advanced by the law firm to be repaid at the time of recovery.
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If you have been injured due to medical malpractice, don’t wait. Call us today at 803-400-8277 to schedule your free consultation.