Medical Malpractice Lawyer in Lee County, South Carolina
Medical malpractice cases are often very challenging to pursue. Showing that a medical provider’s mistake caused your injury is not as simple as knowing you were hurt following a doctor’s visit. There are many elements you must understand, so it is helpful to have a lawyer on your side. If you or someone you love were harmed due to medical negligence, a medical malpractice lawyer in Lee County, South Carolina can help.
Anastopoulo Law Firm provides a no-cost case review to discuss the details of your case. During a free consultation with our personal injury legal team, we can help you determine whether you have a case. An attorney with experience in these types of cases can help you understand your rights and options for compensation.
You Are Entitled to Compensation by South Carolina Law
Health care professionals must be held accountable for their negligence; you should not have to suffer physically and financially. That’s why the law protects victims of medical malpractice by providing an avenue for monetary relief. If you have a medical negligence claim, you may be entitled to receive damages for:
- Lost income/wages
- Reduced ability to earn
- Present and future medical bills
- Emergency room visits
- Prescription medication
- Physical therapy or other rehabilitative care
- Accessibility modifications for home/car
- Medical equipment and supplies
- Home care
- Other related expenses
You may also be able to receive financial compensation for non-economic damages like pain and suffering. South Carolina allows medical malpractice victims in Lee County and across the state to recover up to $512,773 for non-economic damages as of December 2021. That limit is adjusted each year based on inflation, per S.C. Ann. § 15-32-220(F) This limit is also outlined in a memo from the South Carolina Revenue and Fiscal Affairs Office. Non-economic damages include:
- Pain and suffering
- Chronic pain
- Reduced enjoyment of life
- Reduced quality of life
- Loss of consortium or companionship
- Mental anguish
- Injured reputation
- Psychological disorders
- Paralysis or other physical impairment
- Disfigurement or scarring
- Fear of loss, illness, or injury
For a free legal consultation with a medical malpractice lawyer serving Lee, call (800) 777-7777
Defining Medical Malpractice in South Carolina
Despite the years of medical training and experience that practitioners have, things go wrong in medical care. When it does, it can be considered medical malpractice, but not always. Medical malpractice is the action or inaction of a healthcare professional that fails to meet the acceptable standard of care and results in a patient’s injury.
Medical providers have a duty to give treatment that does not cause any additional harm. Further, the care they provide should meet accepted medical standards. If it does not, it is considered “negligent.” Negligent care is medical malpractice.
Errors that Often Occur in Medical Malpractice Cases
The most common errors in medical malpractice claims are misdiagnosis or delayed diagnoses. Diagnostic errors make up one-third of medical malpractice claims, according to a study published in 2019 by American Academy of Family Physicians (AAFP). Victims lose time with loved ones and their quality of life is diminished when they receive an inaccurate diagnosis. Further, when an illness is diagnosed too late, the health concern can escalate.
Common medical negligence errors include:
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Prenatal care mistakes
- Incorrectly prescribing medication
- Incorrectly administering anesthesia
- Surgical errors
- Lack of informed consent
- Late treatment
- Not following up or monitoring patient
- Infections acquired at the hospital
Not all errors or injuries that result from medical treatment are malpractice. That may be hard to accept for people harmed at the hands of a medical provider. A medical malpractice attorney in Lee County, South Carolina can help provide clarity on the physician’s conduct and determine if you have a case.
Lee Medical Malpractice Lawyer Near Me (800) 777-7777
Proving Medical Malpractice
Medical malpractice is negligence. To prove you are entitled to financial compensation the four key elements of negligence must be present. You and lawyer must show that:
- The healthcare professional or facility had a duty to treat you and provide a standard of care
- Their duty was breached by their negligent acts or omissions
- The negligence resulted your harm
- The harm resulted in damages.
The medical standard of care is the type of care that a competent health care practitioner with similar training and skills would have provided under the same or similar circumstances. If another medical expert determines that your care did not need that standard, you likely have a case that is compensable through a medical malpractice claim.
Who May be Held Liable in a Medical Malpractice Claim?
In a medical malpractice claim, there may be multiple parties held financially responsible. Potential liable parties can include:
- Pharmaceutical companies
Depending on the employment status of a medical professional, they may or may not be liable for your injuries. If a doctor or nurse is employed at a health facility when the malpractice takes place, the hospital or other medical facility could be held financially responsible.
South Carolina requires health care providers (physicians and institutions) to maintain insurance in order to practice medicine. In most cases, the insurance company would cover their medical negligence.
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A Lee County Medical Malpractice Attorney at Our Firm Can Build a Strong Case
A Lee County medical malpractice lawyer at our firm will conduct an investigation to discover who and what caused your injuries.
To build a case, we gather evidence and testimony from medical experts to establish the standard of care and demonstrate negligence. Our law office boasts:
- Over two decades of legal experience
- Millions of dollars recovered for clients in multiple states
- Passionate and committed lawyers providing personalized service
- A “No Recovery-No Fee” cost structure
- Free case evaluations
- Home or hospital visits to discuss your case
Previous results are not indicative of your possible outcome, but our lawyers will make sure to fight for what you deserve to recover from someone’s negligence.
The South Carolina Statute of Limitations Could Impact Your Case
Lee County residents seeking compensation through a medical malpractice claim have three years from the date of injury or three years from the date of discovery to file a lawsuit in South Carolina, per S.C. Code § 15-3-545. If you have discovered an injury as a result of negligent medical care, you should get started on your claim as soon as possible. If you attempt to file after the deadline, the defendant could have your case dismissed.
Medical Malpractice Resources for Victims in South Carolina
Medical bills can be stressful and frightening, especially as you’re trying to recover from injuries caused by negligent healthcare providers.
Some resources that may help you pay for bills before receiving a settlement can include:
- Informed Patient Institute: Physician Quality and Hospital Quality reporting
- South Carolina Department of Health and Human Services: Healthy Connections Medicaid
- Medically Indigent Assistance Program (MIAP) at the South Carolina Department of Health and Human Services
- South Carolina Department of Social Services-Assistance Programs
Anastopoulo Law Firm Can Take on Your Medical Malpractice Case in Lee County, SC
You don’t have to suffer physically and financially. A medical malpractice lawyer in Lee County, SC at the Anastopoulo Law firm can pursue compensation for your injuries. Call (800) 313-2546 for a free consultation today.