Liability Complications in Charleston Medical Malpractice Cases

Liability can be very complicated in a South Carolina medical malpractice case. There are many liability complications in Charleston medical malpractice cases. Many medical procedures are very complex and require a great degree of education, training, and skills by a medical professional, and by the facilities that employ him and provide treatment through their facilities. Just because there is a bad result does not necessarily mean that there has been malpractice.

In order to prove malpractice, attorneys and their client must prove whether or not the physician, the facility, or the combination of those parties did something that deviated or did not meet the standard of care for other professionals in that industry. There is some debate and room for differing minds as to whether or not that standard has been met. Here lies the complexities that are often debated and litigated considering liability by an experienced medical malpractice attorney to help develop the case for the injured person.

Role of Liability in a Misdiagnosis Case

Liability complications in Charleston medical malpractice case from misdiagnosis would be simply whether the doctor used the standard of care. The same type of differential diagnosis that would be used for the industry standard to diagnose. If they violate that and miss a diagnosis because they did not meet that industry standard of how to make that diagnosis, then that arguably would be a medical malpractice case.

If the diagnose is missed and the industry standard that would be used to make that diagnosis is not used, then that would be a classic case where the injured party, the injured person, would be alleging medical malpractice in South Carolina is taking damages for his diagnosis.

At Fault for Failure

In a medical malpractice case, it must be determined whether a doctor, a facility, or any other healthcare professional, has committed malpractice. They can commit malpractice in two ways. By either failing to do something that they should have done based upon what other professionals in the industry would have done, or by doing something that other professionals in the industry would not do.

A sponge or a medical instrument being left in somebody’s body after surgery is a classic example of the physician failing to do something they should do. A common complication considering liability in Charleston medical malpractice cases can include making sure that they remove all the sponges and medical devices that were used in the surgery that are not supposed to be left in.

Failing to take the proper precautions to make sure those things were not left in the injured party/patient, would arguably rise to the level of medical malpractice. It is not just doing something affirmatively, it can be failing to do something that should be done during the procedure, the diagnosis, or in the informed consent that should be done and in failing to do it arguably would rise to the level of malpractice.

Treatment of Malpractice Cases

When considering liability complications in Charleston medical malpractice cases, one of the first things to look for is whether or not there was informed consent. If there was informed consent, then they discover if the medical professional or facility met industry standard. An individual would need proof that the doctor or medical facility somehow deviate from what procedure they were going to do and what was advised of in the informed consent.

Going back to when the first diagnosis was made, the patient needs to ask themselves whether the suggested procedure(s) should have been recommended and never occurred and whether the diagnosis was properly made. It is important to determine if they made these decisions in order to come up with the right treatment plan for the patient.

There is a difference in all of these scenarios, but at the end of the day, whether it be in the diagnosis or the informed consent, or in the way that the procedure(s) or the medical modalities are recommended, as to how they were performed or should have been offered and never were. If any person thinks that any of those things or anything else that the physician or the facility did, just does not add up, then they should reach out to an experienced medical malpractice attorney to help them assess the strengths and weaknesses of their case.


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