In a Charleston misdiagnosis medical malpractice case, the initial step would be to determine when the person first noticed their symptoms, where the person went to get help for those symptoms, and who they reported the injuries to. A lay witness that was with the patient when they were at the appointment can help corroborate what symptoms were reported, what things were told to the doctor that may or may not have made it into the medical record.
An experienced misdiagnosis malpractice attorney will ask the individual who, what, why, when, where and how, to get an understanding of the timeline. This is applied to the next step in the Charleston misdiagnosis case process, which is what the industry standard would have been.
A Charleston medical malpractice attorney can help determine whether they either met that industry standard or violated it by not doing something they should have done, or by going in a different direction and doing something that they should not have done, which arguably would lead to a misdiagnosis medical malpractice case.
Unique Aspects of Misdiagnosis Cases
In the Charleston misdiagnosis case process, what makes misdiagnosis unique from the other types of malpractice that can occur is in diagnosing. If the doctor or the facility uses the industry standard, they will be able to find the problem, make a proper diagnosis, and in many of those cases, avoid further complications, medical problems or conditions that would get worse or irreversible; all the way up to even preventing death.
Unlike other cases where the injured person may or may not have been told the risk(s) of a procedure, there are so many examples with a misdiagnosis. A lot can be at stake because if the proper diagnosis is made, many conditions can be corrected completely or can be corrected to the point where there are little or no residual damage after going through the procedure or treatment to address the problem. If the person is diagnosed properly, it can literally save somebody’s life. If it is misdiagnosed and not up to industry standards, then it really can cause their death.
Building a Misdiagnosis Case
These are very medically and legally complex cases which take a significant amount of time to reach a resolution of the case. Typically the insurance company that provides insurance to the medical facilities and doctors are very litigious and fight most cases, even legitimate cases. They will fight them, test them, and vet them before they make a decision to pay anything.
The misdiagnosis case process is very expert intensive. Both experts that the plaintiff will need to help prove their case from the liability standpoint to establish medical malpractice, and also from the damages standpoint to establish the economic and non-economic damages that the injured person is entitled to if medical malpractice is proven.
The experts for the defense will try to show that medical malpractice did not occur from the liability standpoint and will try to diminish all the plaintiff’s damages in the event that medical malpractices are proven, to whittle away the amount of damages or what they need to pay to the aggrieved party. Charleston misdiagnosis cases are very difficult and very complex. Anyone who thinks they are a victim of malpractice in South Carolina should contact an experienced medical malpractice attorney immediately.
Speaking with an Attorney
There are a series of rules of the Charleston misdiagnosis case process, procedurally and technically. If those conditions are not met, then the case will not be allowed. This is not an exhaustive list, but as an example, the law requires that there be expert medical-legal opinion, from an expert that practices in the same practice area that the doctor practiced that allegedly committed the malpractice. There has to be an Affidavit from that expert attached to the Summons and Complaint as notice to the defendants. This is just to start the case.