When pursuing a medical malpractice claim, it may be helpful to understand the types of medical malpractice cases in Charleston before filing. The classic example would be someone who undergoes surgery for a right leg amputation, is diabetic and has the urgent need to have this amputation below the knee. When they come out of the surgery, their left leg was amputated. That is a clear violation; a mistake has occurred, and clearly, medical malpractice has occurred.
Another clear example would be if someone goes in for a procedure/surgery and some type of medical instrument is left inside, whether it was a sponge or some type of foreign object that was used in a surgery, and was supposed to be removed. If an individual thinks they may be a victim of medical negligence or medical malpractice, to contact an experienced medical malpractice attorney to help them assess the strengths and weaknesses of their claims.
Hospitals in Charleston Where Malpractice May Occur
Different types of medical malpractice cases can occur at any hospital, any facility in Charleston, any healthcare professional; it is not exclusive to any one place or facility; any person or facility which provides medical care can be responsible for medical malpractice or medical negligence. Some of the local area hospitals that patients go to frequently would include Roper Hospital, East Cooper Medical Center, Bon Secours, St. Francis Hospital, Medical University of South Carolina, and Trident Medical Center, just to name a few.
Medical malpractice/negligence could apply to any type healthcare facility or urgent care facility; a family physician or pediatrician. Any type of doctor, nurse, or practitioner who administers a form of medical care or treatment is capable of committing medical malpractice which could cause significant injuries to the patient.
Elevation of Medical Malpractice
There are many types of medical malpractice cases and other cases that would fall below that standard in Charleston. Reaching out to an experienced medical malpractice attorney to help determine whether or not that medical malpractice has occurred, and if the damages that have occurred from it which rise to the level of something that would be worthy of bringing a lawsuit to seek recovery of those damages.
It all comes back to whether or not the healthcare provider, the doctor, or whoever it may be, is negligent. In order to prove that, the individual has to show that the healthcare provider used a standard of care below what other professionals would use in the industry.
Standard of Care
If the standard of care is to provide one type of diagnosis or treatment in Charleston malpractice cases. If that facility does not:
- Diagnose properly using those standards
- Fails to give the proper care
- Provide informed consent to the level of which the risks and benefits that may be obtained from a surgery or a medical procedure
By failing to do those things and meet that industry standard, then by definition that would be a likely case for medical malpractice.
Importance of Hiring an Attorney
Hiring a medical malpractice attorney in South Carolina would be important because these are very complex cases that have a lot of complex medical and legal issues. It is quite expensive to bring these types of medical malpractice cases in Charleston to trial and there are many procedural requirements. The plaintiff needs to have a medical expert physician in the same field of practice as the one who performed the alleged medical malpractice. That expert has to sign an Affidavit stating that medical malpractice and/or medical negligence has occurred.
And that is just the threshold requirement to file a medical malpractice claim against the facility or physician, caregiver, or whoever it may be, in South Carolina. These are very complex cases, typically very expensive cases, and very well defended cases. Each person or entity named in the lawsuit are all likely to have their own attorney or a battery of attorneys, that will be hired by the person or insurance company to defend the claim. It is about as contentious and complex as any legal case gets.