Charleston Medical Malpractice Attorney
There are many ways in which medical malpractice can occur at medical facilities in Charleston. If you were hurt as a result of your medical provider‘s actions or inactions, you might be able to pursue compensation for your losses.
When you work with a Charleston medical malpractice attorney from our firm, we help ensure to represent your interests. As well as ensuring your legal rights are protected as we build your claim for compensation. Medical malpractice can leave you with life-altering injuries. Based on the facts of your case, our medical malpractice lawyers will fight to recover the compensation you deserve.
How Our Medical Malpractice Lawyers Can Help with Your Case
To help build your medical malpractice case, our injury lawyers can:
- Compile all documentation required for your claim. Including the expert certification required by S.C. Ann. § 15-36-100
- Gather all evidence. Including witness statements from other medical professionals and your complete medical history
- Determine a value for your case that represents all your losses. And the full scope of treatment required for your injuries
- Represent you in negotiations with the medical provider’s insurance company
You can also count on our team to keep you informed about your case through every stage of the process.
For a free legal consultation with a medical malpractice lawyer serving Charleston, call (800) 777-7777
Damages Claimed in a South Carolina Medical Malpractice Case
The exact damages you can claim in a Charleston medical malpractice case depend on the facts of your case. Including your specific injury and losses. Still, you may be eligible to request a general range of damages in your claim.
For example, you may be able to seek economic damages for the tangible, out-of-pocket losses caused by your injury. Including:
- Any medical expenses, including those required for future care
- Lost income and future lost wages if you are unable to work while you recover
- Lost earning capacity if you have to change jobs to accommodate your injury
- Assistive services if you can no longer complete daily activities without help
You may also be able to seek non-economic damages for less tangible losses that are more difficult to quantify but still impact your life. Such as:
- Pain and suffering
- Emotional anguish
- Loss of consortium
- Loss of enjoyment
However, South Carolina does impose caps (or limits) to the non-economic damages available in medical malpractice cases. Which is outlined in S.C. Ann. § 15-32-220. The maximum amount of non-economic damages available to medical malpractice victims, recently adjusted by the Consumer Price Index, is currently $479,064.
Charleston Medical Malpractice Lawyer Near Me (800) 777-7777
Understanding If You Have a Case for Medical Malpractice in South Carolina
According to S.C. Ann. § 15-79-110, medical malpractice occurs when a medical provider fails to provide the same reasonably prudent care that another medical professional with the same training and experience would provide in the same circumstances. However, it can be challenging to understand if the care provided to you was below the required standard.
Our medical malpractice attorneys can help you navigate the often-complex process of determining the occurrence of malpractice. With the help of their attorney, some injury victims consult an independent medical examiner. This is to determine if the treatment was inconsistent with care standards and confirm that their injuries resulted from the treatment.
Circumstances That May Indicate Medical Malpractice
Furthermore, there are many different ways that medical malpractice can occur. Some examples of circumstances that may lead to a medical malpractice claim include:
- Misdiagnosis or failure to diagnose
- Medication and dosage errors
- Recommending unnecessary treatment
- Surgical and anesthesia errors
- Lack of adequate follow-up care
- Failure to order necessary tests
- Birth injuries during labor and delivery
- Failure to provide necessary emergency care
Although these situations may indicate a lack of prudent care on the part of your medical provider, our team will review the facts of your case to determine if negligence applies.
Proving Negligent Care in Your Charleston Medical Malpractice Case
Furthermore, to prove that a medical professional failed to provide adequate care, we must establish certain elements in your case. Therefore, our lawyers will explain what evidence is needed and what steps we must take to prove negligence based on a medical provider’s actions or inactions.
Once the existence of a provider-patient relationship is established, we must show evidence that proves:
- The medical provider owed you a duty of care
- Their actions or inactions breached their duty
- This breach caused your injuries
- You suffered damages and losses because of your injuries
We may need to work with medical experts to gather evidence and testimony that shows a direct correlation between the failure to provide the required care and your injuries.
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Meeting the Deadline to File Your Charleston Medical Malpractice Case
According to S.C. Ann. § 15-3-545, you must file your medical malpractice lawsuit within three years of treatment or within three years of the date, you discovered (or reasonably should have discovered) the injury. Therefore, it is essential to work quickly to preserve your right to seek compensation for a medical malpractice injury.
Additionally, the statute of limitations in South Carolina sets the maximum time to file as six years from the date of occurrence. However, shorter time limits may apply if specific circumstances are present in your case. Furthermore, our medical malpractice attorneys can explain the deadlines that may apply to your case to ensure that all your legal paperwork is filed on time.
Contact Anastopoulo Law Firm Today for Your Free Consultation
If the injury was due to your medical provider’s actions or inactions, Anastopoulo Law Firm can help you seek compensation for your losses. Our medical malpractice lawyers are here to help. Whether that be to explain your legal options, answer your questions, determine a value for your case, and help you build a strong claim.
Call us today at (800) 313-2546 for a free case review.