Medical Malpractice Lawyer in Bamberg, SC
When people are sick or injured, they visit a doctor’s office, hospital, or other medical center in Bamberg with the hopes of a full recovery. Unfortunately, though, sometimes these visits actually lead to a person becoming even sicker or suffering worse injury due to negligence on the part of doctors or other health care professionals. In these cases, the injured patient may be eligible for compensation through a medical malpractice lawsuit.
Medical malpractice is one of the most complex areas of personal injury law. Doctors and other health care professionals have extensive insurance policies that protect them in case of an accident. Injured patients will have to go up against these insurance companies, which are very reluctant to make large settlements. In addition, doctors and health care facilities will have large teams of lawyers fighting to protect them.
For these reasons and more, if you or a loved one has been harmed due to medical negligence, you need a strong Bamberg medical malpractice lawyer to advocate for your best interests. Please contact Wilson Law Group, LLC, today to schedule a free case evaluation and learn about your legal rights.
What Is Medical Malpractice?
Patients don’t always see the positive results they were hoping for after visiting a doctor. This does not mean, though, that every negative result involves medical malpractice. Most often, doctors and medical staff will try their very best to help a patient receive the best treatment possible. Sometimes, treatments just don’t work.
Medical malpractice is different from a negative result. Malpractice occurs when a medical professional does not provide the proper standard of care owed to a patient. If a health care professional is negligent, makes unreasonable mistakes, or otherwise provides sub-quality care, it’s possible that medical malpractice occurred.
Medical professionals accused of medical malpractice may include doctors, nurses, chiropractors, dentists, surgeons, doctor’s assistants, pharmacists, and more. In addition to holding these individuals responsible for medical malpractice, injured patients may be able to file a lawsuit against the facility that hired the medical professional.
Proving a Medical Malpractice Claim
In a medical malpractice case, the plaintiff must prove three elements to show that malpractice occurred. The victim must show that:
- A relationship existed between the medical professional and the patient, establishing a duty of care.
- The medical professional’s actions (or inactions) were below the standard of care, breaching the duty to the patient.
- The patient was injured and suffered damages as a result of that breach.
While a relationship must exist between the doctor and the patient for medical malpractice to occur, this does not necessarily mean the patient and doctor had to have known each other prior to the incident. Emergency rooms, for example, have a duty of care to anyone who comes through their doors. A patient simply signing in would have a duty of care owed to them by the medical staff there.
Injuries are also an important element of proof in medical malpractice cases. If a mistake was made but there is no injury, a patient would not be able to pursue compensation.
Common Types of Medical Malpractice
While medical malpractice can occur any time a medical professional is negligent, there are some types of malpractice that are more common than others. These are:
- Birth injuries
- Misdiagnosis and delayed diagnosis
- Nursing errors
- Prescription and medication errors
- Surgical errors
- Failure to treat
- Untrained staff or inadequate staffing
- Discharge errors
When a patient suffers due to any of these mistakes, or any other errors made by medical professionals, it is important to speak with a knowledgeable Bamberg medical malpractice lawyer.
Types of Compensation in Medical Malpractice Cases
When a patient files a lawsuit after being injured by a medical professional, the goal is to pursue fair compensation for the damages suffered. That compensation is intended to ensure the patient is not left with financial burdens in the long term due to medical negligence.
A medical malpractice lawsuit can claim compensation for any loss related to the injury, including:
- Medical expenses (past, current, and future)
- Lost income
- Loss of earning capacity in the future
- Physical and rehabilitative therapy expenses
- Pain and suffering
- A spouse’s loss of consortium
How Do I Know If I Have a Medical Malpractice Case?
Due to the fact that an unsuccessful result doesn’t always mean medical malpractice occurred, many patients often wonder if they have a medical malpractice case.
You can begin by talking to an experienced medical malpractice lawyer in Bamberg to determine whether you meet the elements of proof in the case. If a medical professional injured you, and that injury was due to a mistake or negligence, you may have a valid medical malpractice case.
In South Carolina, individuals wishing to file a medical malpractice claim must also file an Affidavit of Expert. A qualified medical expert witness, in a field similar to that of the medical professional, must sign this affidavit stating that the medical professional showed at least one act of negligence.
Our medical malpractice attorneys in Bamberg can review your case and help you obtain this affidavit if we believe you have a claim. If this affidavit is obtained, it’s a good indication that the patient has a valid lawsuit.
How Our Bamberg Medical Malpractice Attorneys Can Help You
Medical malpractice is one of the most complex areas of personal injury law. While individuals should always speak to an attorney before filing any type of personal injury lawsuit, it’s particularly important when pursuing a medical malpractice claim.
The many ways an attorney can help you throughout your medical malpractice case include:
- Managing all communication with insurance companies
- Handling the paperwork and ensuring you do not miss any deadlines
- Thoroughly assessing and documenting the value of the claim
- Negotiating aggressively for a full and fair settlement
- Arguing the case in court, if necessary
- Expediting the process as much as possible
Contact a Bamberg Medical Malpractice Attorney Today
You have the right to trust that when you see a medical professional, that person will provide the best treatment possible. When they fail to do so, and you suffer injuries as a result, you need to speak to one of our compassionate medical malpractice attorneys in Bamberg.
If you or someone you love has been seriously injured by a medical professional in Bamberg, contact Wilson Law Group, LLC,, for a free consultation. It’s possible you are eligible for compensation, and we want to make sure you understand your legal rights. Call us today so we can start discussing your case and developing a strategy for moving forward.