ClickCease

Charleston, SC Medical Malpractice Lawyers

Let our skilled team assist you with your Medical Malpractice case.

Use the form below to contact us.

    Charleston, SC Medical Malpractice Lawyers

    A person who needs a medical malpractice lawyer serving Charleston, SC

    Medical malpractice occurs when a healthcare provider’s negligence causes harm or injury to a patient. These cases are legally and procedurally complex, requiring a deep understanding of state laws, medical practices, and the rights of injured patients. Those affected by medical malpractice often face significant physical, emotional, and financial challenges as they seek accountability.

    What Constitutes Medical Malpractice in Charleston?

    Medical malpractice occurs when a healthcare provider’s actions deviate from the accepted standard of care, harming the patient. The standard of care refers to the level of treatment that a reasonably competent healthcare professional with similar training would have provided under similar circumstances. When a provider fails to meet this standard and a patient is injured as a result, it may constitute medical malpractice.

    Examples include a doctor failing to diagnose a condition, making an incorrect diagnosis, delaying treatment, or administering the wrong procedure. Other instances involve surgical errors, such as operating on the wrong site or leaving surgical instruments inside the body. Even clerical mistakes, such as mislabeling lab results or failing to communicate critical information, can lead to devastating outcomes. Demonstrating medical malpractice requires proving that the provider’s negligence directly harmed the patient.

    Who Can Be Held Liable for Medical Malpractice?

    Liability for medical malpractice extends to various individuals and entities involved in patient care. Physicians, surgeons, nurses, anesthesiologists, and pharmacists may be held accountable if their negligence contributed to the patient’s injury. For example, a nurse who administers the wrong medication or a pharmacist who misfiles a prescription could be found liable.

    Medical facilities, including hospitals and clinics, may also bear responsibility for systemic issues such as inadequate staff training, improper supervision, or unsafe conditions. In some cases, corporate entities overseeing healthcare providers may be liable, especially if profit-driven policies compromise patient safety. Identifying all responsible parties is critical and requires thorough analysis of medical records, expert testimony, and the circumstances surrounding the patient’s care.

    What Are the Most Common Types of Medical Malpractice?

    Certain medical errors are more commonly associated with malpractice claims. Diagnostic errors, such as delayed diagnoses or misdiagnoses, are among the most frequent. A failure to identify a life-threatening condition like cancer, heart disease, or a stroke can lead to worsening health outcomes.

    Surgical mistakes are another common issue, including operating on the wrong body part, performing unnecessary procedures, or leaving instruments inside the patient. These errors often result in severe complications and additional surgeries. Medication errors, such as prescribing the wrong drug, administering the incorrect dosage, or failing to account for a patient’s allergies, are also prevalent.

    Birth injuries represent another significant area of malpractice, affecting both mothers and newborns. Conditions like cerebral palsy or Erb’s palsy may result from improper use of delivery tools or a failure to monitor complications during labor. While these examples highlight common issues, malpractice can occur in any healthcare setting where providers fail to meet their duty of care.

    How Do You Prove Medical Malpractice?

    Proving medical malpractice involves a multi-step process requiring substantial evidence. First, it must be established that a doctor-patient relationship exists, creating a duty of care. Once this relationship is confirmed, it must be shown that the provider breached the accepted standard of care.

    Demonstrating a breach often requires expert medical testimony to evaluate how the provider’s actions fell short of what a reasonably competent professional would have done. Next, causation must be established by showing that the breach directly caused the injury. This step can be challenging, especially in cases where preexisting conditions are involved. Finally, it must be demonstrated that the malpractice resulted in measurable damages, such as additional medical expenses, lost income, or pain and suffering.

    What Damages Can Be Recovered in a Medical Malpractice Case?

    Victims of medical malpractice may recover damages to address both economic and non-economic losses. Economic damages include the cost of additional medical treatment, rehabilitation, and lost wages due to an inability to work.

    Non-economic damages aim to compensate for intangible losses, such as physical pain, emotional suffering, and diminished quality of life. For instance, a patient who experiences a permanent disability or disfigurement due to malpractice may be entitled to compensation for the ongoing emotional and physical toll.

    In rare cases, punitive damages may be awarded if the provider’s actions were particularly reckless or egregious. These damages are intended to deter future misconduct. The amount of compensation varies depending on the specific details of the case and the evidence presented.

    Are There Time Limits for Filing a Medical Malpractice Claim in Charleston?

    South Carolina enforces strict time limits for filing medical malpractice claims, known as statutes of limitations. Generally, victims have three years from the date of the injury or the discovery of the injury to file a claim. Additionally, the state imposes a statute of repose, barring claims filed more than six years after the malpractice occurred, regardless of when the injury was discovered.

    Exceptions may apply in cases involving minors or when a healthcare provider deliberately concealed the malpractice. Missing these deadlines can result in the loss of the right to seek compensation, underscoring the importance of acting promptly. Consulting an attorney early ensures compliance with legal deadlines and allows time to build a strong case.

    How Can a Medical Malpractice Lawyer Help?

    A medical malpractice lawyer plays a vital role in navigating the complexities of these cases. These legal matters require a thorough understanding of both medical practices and legal procedures. An attorney can evaluate your case, determine whether malpractice occurred, and identify the parties responsible.

    Lawyers often collaborate with medical experts to review evidence, analyze records, and establish how the provider’s actions deviated from the standard of care. They manage all aspects of the legal process, including negotiating with insurance companies and representing clients in court if necessary. By handling the legal challenges, a lawyer allows you to focus on recovery while working to pursue fair compensation.

    What Should You Do If You Suspect Medical Malpractice?

    If you suspect medical malpractice, taking specific steps can protect your rights and strengthen your case. Seeking a second opinion from another healthcare provider can confirm whether malpractice occurred and address your medical concerns. Obtaining a copy of your medical records is critical, as these documents often serve as key evidence in a malpractice claim.

    It is also important to consult with a medical malpractice lawyer as soon as possible. An attorney can evaluate your situation, provide guidance on your options, and ensure that your claim is filed within the required timeframe. Avoid discussing your case with insurance representatives or signing any agreements without legal advice, as this could jeopardize your claim.

    Charleston Medical Malpractice Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Advocate for Victims Suffering From Medical Negligence

    Medical malpractice cases are inherently complex and can have life-altering consequences. Pursuing a claim can provide accountability and help you recover from the challenges you face. If you or a loved one has been harmed by medical negligence, the Charleston medical malpractice lawyers at Rogers, Patrick, Westbrook & Brickman LLC are here to help. Call 843-727-6500 or fill out our online form for a free consultation.  With our offices located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we are proudly serving clients throughout South Carolina.