In medical malpractice cases in South Carolina, many times, the strategy for the defense is to blame the injured person for not providing information of problems they were having in a timely manner after a procedure. These statements are used to discourage injured persons that may have been harmed by negligence in Charleston medical malpractice cases. It discourages the individual from ever seeking the advice of an attorney, believing it was something they did that caused the problem they were experiencing.
Anybody who has been injured as a result of what they believe is negligence should not be dissuaded by that statement and should make sure they contact an experienced medical malpractice lawyer to help them determine whether or not the things they did or did not do either contributed to or caused the extent of their injuries.
Sometimes the conduct of the injured person can contribute or even cause the ultimate damage that occurs. However, in many cases, it has very little or nothing to do with the injured person’s conduct as to why they got a bad outcome from the medical procedure and treatment.
Defense of Accusations
When there is an accusation that a medical professional was negligent and may have done something wrong that contributed to or caused their damages, that is something that an experienced medical malpractice lawyer can help the injured person proceed with. The lawyer can help the injured person prepare a diary of events as to when they met with an expert physician. They can help seek documentation of medical records that may be relevant to the other party’s negligence in Charleston medical malpractice cases.
An experienced lawyer should make sure that the proper records of what has occurred are obtained and provide these documents to an expert who will be hired on behalf of the injured party, to determine what blame they bear in the damages. This is a strategy and a technique constantly used to dissuade an injured person from bringing a claim just because accusations of their conduct are made. One should not be manipulated in this way.
Medical Malpractice Misconceptions
Some common misconceptions in a medical malpractice case are that if the patient gets a bad result, that automatically means that malpractice must have occurred. That is not true in when considering negligence in a Charleston medical malpractice case.
When people enter the hospital, typically there is something medically wrong with them that has nothing to do with anything the physician or the facility has done or failed to do. They have a medical problem, a condition, or a diagnosis that sometimes is life threatening, and may be catastrophic in terms of any outcome, or if they make it, even if everything is done properly and correct.
The bottom line of all this is whether or not the treatment, the procedures, and the medical modalities that are recommended and performed on behalf of the patient, reached that standard of care that other professionals would use in the industry. If they do, then it is not likely a medical malpractice case, even though the patient received a less than expected outcome after the procedure(s) is performed.