Columbia Medical Malpractice Lawyer

Columbia, SC Medical Malpractice Attorney

When healthcare providers fail to meet the professional standard of care in treating patients, the consequences can be disastrous for both the patient and their family. Understanding the intricacies of medical malpractice law and how a skilled Columbia medical malpractice lawyer can assist you is crucial in pursuing justice and obtaining the compensation you deserve.

Medical providers commit medical malpractice when they breach their duty of care, falling below the accepted standard of care. The quality of care that a reasonably competent healthcare provider with comparable education and experience would have given in a comparable medical setting and under comparable conditions is the essence of this standard. An injury to a patient resulting from this failure to meet the standard of care may constitute medical malpractice.

• Misdiagnosis or Delayed Diagnosis: When an illness is not properly or promptly diagnosed, it might progress and cause potentially avoidable difficulties for the patient.
• Surgical Errors: Surgery errors can have serious consequences. These errors can include operating on the incorrect spot, leaving surgical equipment inside the body, or inadvertently damaging organs.
• Medication Errors: Giving the wrong prescription, giving the wrong dosage, or not realizing that some drugs interact badly can all lead to serious side effects, including death.
• Birth Injuries: Carelessness during pregnancy or labor can cause serious harm to the mother and child, including brachial plexus injuries and cerebral palsy, among other things.
• Errors in the Administration of Anesthesia: These can result in death, prolonged hospital stays, or damage to the brain.

Proving Medical Malpractice

In order to prove medical malpractice, it is necessary to demonstrate that a healthcare provider failed to act in a manner that meets the relevant standard of care and that this failure caused an injury to a patient.

You must prove that a doctor-patient relationship was established, thus creating a duty owed by the provider to the patient not to cause harm. Secondly, you must show that this duty was breached by the professional whose conduct fell below relevant standards. This means that they must have acted in a way that a reasonably well-trained, experienced, and similar professional would not have acted in a similar medical community and under similar circumstances.

Causation must then be established, proving that the breach of duty was the direct cause of the patient’s injury. In most cases, an expert will be brought in to explain how the harm was directly caused by the medical provider’s action (or inaction.)

Finally, you must show that the patient has incurred real damages (either physical pain and emotional suffering) and more medical expenses or lost income because of the malpractice. All of these elements together establish liability and prove medical malpractice.

The Role of a Columbia, SC Medical Malpractice Lawyer

Navigating a medical malpractice claim can be complex and challenging. A skilled Columbia, SC medical malpractice lawyer can provide invaluable assistance. Attorney Brian Steed Tatum services include:

• Assessing Your Case: An experienced attorney will review your medical records, consult with medical experts, and determine if you have a valid malpractice claim.
• Compiling Evidence: Your lawyer will collect and organize the necessary evidence to support your case, including medical records, expert testimony, and witness statements.
• Negotiating With Insurance Companies: Insurance companies will often attempt to minimize payouts in malpractice cases. Your attorney will negotiate on your behalf to ensure you receive fair compensation.
• Advocating for You in Court: If a settlement cannot be reached, your lawyer will be prepared to take your case to court and advocate for your rights before a judge and jury.

Statute of Limitations for Medical Malpractice in South Carolina

South Carolina has a law regarding the time that you have to file a medical malpractice claim, known as a statute of limitations. Generally, you have three years following either the date that the malpractice occurred or the date that you learned or reasonably should have learned of an injury that was caused by medical malpractice.

However, there can be exceptions to this rule, and sometimes, events may change the statute of limitations altogether. It is important to speak with a Columbia medical malpractice attorney right away to make sure your claim is filed within the specified period of time.

Compensation in Medical Malpractice Cases

In Colombia, victims of medical malpractice are entitled to several forms of damages to recoup costs that were caused by the medical malpractice, like pain and suffering, physical impairment, loss of capacity, loss of the ability to earn wages, and more. This compensation aims to address both the financial and emotional impacts of the malpractice, ensuring that victims can receive the care and support they need.

• Medical Expenses: These include the price of recent and upcoming medical procedures, drugs, therapy, and rehabilitation associated with the malpractice.
• Lost Wages: If your accident has affected your ability to work, you can be entitled to compensation for lost earnings.
• Emotional Distress: Payment for pain and suffering resulting from the malpractice that includes bodily suffering, psychological misery, and a lower quality of life.
• Punitive Damages: These are financial penalties that might be granted to penalize the culprit and discourage future instances of the same behavior in situations involving extreme negligence or deliberate misbehavior.

What To Do if You Suspect Medical Negligence

If you believe that you have suffered medical malpractice, there are specific steps you should take to protect and support your case. Time is of the essence, so acting quickly can preserve evidence and, in turn, bolster your case. An early response can help to lay the foundation you need to be successful in your claim.

• Seek a Second Opinion: Consult with another healthcare professional to assess your condition and provide an independent evaluation of the care you received.
• Request a Copy of Your Medical Records: Obtain copies of all relevant medical records, including treatment notes, test results, and correspondence with healthcare providers.
• Keep Records: Keep detailed records of your symptoms, treatments, and any interactions with healthcare providers. This information can be valuable evidence in your case.
• Consult a Medical Malpractice Lawyer: Contact a Columbia, SC medical malpractice lawyer as soon as possible to discuss your case and determine the next course of action.

In addition to these steps, refrain from discussing your case with anyone other than your attorney to prevent jeopardizing your claim. This includes posting photos on social media, even if you believe the photos are unrelated to the case.

FAQs

Q: What Is the Statute of Limitations on Medical Malpractice in Columbia, South Carolina?

A: The statute of limitations on medical malpractice in Columbia, South Carolina, is generally three years from the date of the medical malpractice event or from the time the injury was known or reasonably should have been known. Your chances of recovering compensation are highest if you take action right away.

Q: Who Bears the Most Responsibility for Medical Negligence?

A: The healthcare providers who are actively involved in the patient’s treatment, such as physicians, nurses, and surgeons, are usually the main parties accountable for medical negligence. If their carelessness aided in the misconduct, hospitals, clinics, and other healthcare institutions may also be held accountable.

This means that any person or entity that caused injury to the patient through their actions or inactions may be held liable for medical malpractice.

Q: What Types of Malpractice Cases Yield the Highest Compensation?

A: Most large malpractice awards are for life-altering injuries such as brain damage, lifelong disability, or wrongful death. Birth injuries that cause cerebral palsy and surgeries that go seriously awry, causing life-long impairment, typically result in large settlements. Compensation is greater in these cases because not only does the life of the patient change, but the costs of ongoing medical care are generally greater.

Q: Is Medical Negligence the Same as Medical Malpractice?

A: Medical negligence and medical malpractice are very much related but not quite the same. Medical negligence is a medical term referring to what happened when a healthcare provider crossed a line and failed in a way that risks harming a patient. For there to be medical malpractice, a legal term, there must be medical negligence but also proof that the negligence caused an injury or harm to the patient that resulted in damages.

Contact a Columbia, SC Medical Malpractice Lawyer

Injuries caused by medical negligence can be severe and completely change your or your family’s life. If you feel that you or a loved one has become a victim of medical malpractice, you are entitled to file a medical malpractice claim and recover damages against the doctor or hospital responsible for causing your injuries.

The legal journey from injury to recovery can be filled with medical and legal challenges, which can require someone who understands both the legal and medical issues at play and who can support you in dealing with them.

The knowledgeable Columbia medical malpractice lawyers at Tatum Law Firm, PLLC, have years of experience helping people like you. You don’t have to face this challenge alone. If you have been injured by medical malpractice or have questions about a possible medical malpractice claim, please contact us for a consultation.