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Medical Malpractice Lawyer in Orangeburg
While most people have heard the term “medical malpractice,” many do not realize what actually constitutes negligence on the part of a healthcare provider. Medical malpractice is not dissatisfaction with a medical outcome, which is never guaranteed. Instead, malpractice occurs when a physician, pharmacist, nurse or other medical professional fails to adhere to a standard of care, and a patient is harmed as a result.
Because proving malpractice depends on demonstrating how the medical professional deviated from the reasonable level of care that others in their field would have provided, it is crucial for victims to have a knowledgeable attorney represent them. These cases are extraordinarily complex and require very specific standards to be met to be successful, so only trust your case to a legal team that has the right resources and the experience to handle it.
The Orangeburg medical malpractice lawyers at Wilson Law Group, LLC have a strong record of success in pursuing justice for our clients, including multiple verdicts and settlement in excess of $1 million. You can have our firm discuss your rights when you call (803) 219-4859 or contact us online to set up a free consultation.
What Do You Have to Prove in a Medical Malpractice Case?
South Carolina Code § 15-3-545 establishes actions for medical malpractice. South Carolina Code § 15-3-545(A) establishes that patients can take legal action for injuries caused by medical treatment, surgery, dental treatment or omission or operation by a licensed medical professional.
South Carolina Code § 15-3-545(B) also allows patients to seek damages for the unintentional leaving of a foreign object in the body or the negligent placement of any appliance or apparatus in or upon any person.
The critical element of a medical malpractice lawsuit is the doctor-patient relationship, but you must then prove the same elements central to a negligence action after confirming that a doctor agreed to treat you. The medical care provider must have acted negligently, or in a way that violates their duty of care, the breach of duty must have caused your injuries, and those injuries must have resulted in damages.
Common Examples of Medical Malpractice
Medical malpractice includes a wide variety of possible claims. Many different kinds of negligence relating to several types of procedures can lead to many different types of claims.
Some of the most commonly reported causes of medical malpractice include, but are not limited to:
- Birth Injuries: A child who suffers an injury before, during, or just after the birthing process suffers a birth injury. Fractures, brachial palsy, and cephalohematoma are common kinds of birth injuries.
- Surgical Errors: Errors committed during surgery could be simple incompetence, but they could also involve operations performed on the wrong sites, injuring nerves during surgery or possibly leaving surgical equipment inside patients.
- Emergency Room Errors: Emergency rooms can often be chaotic scenes, which partially explains why car accidents can occur in such spaces. Some victims may suffer from delayed treatment, while others may be released too quickly without receiving proper care.
- Medication Errors: When people are prescribed certain drugs to take, an error in the prescription process can lead to improper dosage or even the wrong drug being administered to the patient.
- Misdiagnosis /Failure to Diagnose: A misdiagnosis involves a doctor incorrectly evaluating your medical condition while a failure to diagnose involves a failure to recognize a medical condition. Patients, in either case, may have lost valuable time because of these mistakes.
- Hospital Infections: Most hospitals will make a responsible effort to ensure that conditions are sanitary, but even minor oversights can lead to infections acquired in hospitals.
No matter which kind of medical malpractice case you think you might have, do not wait to talk to an attorney about your case. You do not want to attempt to negotiate your own settlement to a medical malpractice case, as insurance companies are trained to secure settlements that pay victims as little as possible.
How Our Orangeburg Medical Malpractice Lawyers Can Help
Wilson Law Group, LLC will immediately conduct an independent investigation of your incident to determine exactly how your injury occurred and who can be held liable. We will review your medical records, hospital records and will consult with medical experts to help build the strongest case on your behalf.
We will step in and immediately speak with all insurance company representatives for you and will work towards a fair and full settlement to your case. When an insurance company refuses to make an acceptable offer, Wilson Law Group, LLC will not hesitate to file a lawsuit.
Our firm will do all of this on a contingency fee basis. This means that you will not have to pay us anything unless you receive a financial award.
Compensation Available for Orangeburg Victims
Medical malpractice cases will frequently be resolved through settlements that are designed to cover all of the costs a victim has incurred or will incur because of their injuries. When a settlement cannot be reached, the case could go to trial, and a victim could be awarded compensatory damages.
Compensatory damages include economic damages, which may include medical bills and lost wages, as well as non-economic damages for more subjective kinds of harm like pain and suffering or emotional distress.
Time Limit for Filing a Medical Malpractice Claim
South Carolina Code § 15-3-530 provides that a person has three years to file a medical malpractice action. South Carolina Code § 15-3-545 also established a six-year statute of repose, which means no action can be filed more than six years after the date of medical malpractice. Some statutes of limitations can be shorter and require that a person file medical malpractice within two years.
A victim is also required to file a notice of intent to file suit with the court that identifies all parties to be sued as well as an expert affidavit. The parties will have to participate in a mediation conference within 90 to 120 days of these filings before a lawsuit can be filed.
Contact a Medical Malpractice Attorney in Orangeburg
Were you or your loved one the victim of medical malpractice in Orangeburg or a surrounding area of South Carolina? The team at Wilson Law Group, LLC has extensive experience investigating and pursuing medical malpractice claims, and we are proud to protect patients’ rights.