Medical malpractice is a serious matter, especially for victims and their families who need reimbursement for their expenses stemming from the negligence of their medical provider, hospital, or physicians’ group. If you or a loved one suffered a medical malpractice injury, an experienced Columbia medical malpractice lawyer could help you seek the compensation you need to move forward.
What Standard of Care is Owed by Medical Professionals?
Doctors are people, and like everyone else, they make mistakes. Courts do not require medical providers to practice medicine without any errors. After all, few doctors would want to practice medicine with such high risks at stake. Instead, courts typically require a medical provider to act in accordance with the accepted standard of care for their particular specialty.
In order to determine whether a medical provider breached their standard of care, the court may hear testimony from expert medical witnesses who share the same specialty of practice as the physician in question. A victim’s experienced Columbia medical malpractice lawyer could consult with medical experts who could testify to how a reasonable doctor facing the same situation might have acted. If the court determines that the error or mistake made by the medical provider was unreasonable given the circumstances, the victim may be eligible for compensation.
Common Types of Medical Malpractice Cases in Columbia
There are many different types of medical malpractice claims, since almost any type of medical service could give rise to an injury, and thus a medical malpractice claim.
A misjudgment regarding a medical diagnosis, including misdiagnoses and delayed diagnoses, especially when the diagnostic error impacted the patient’s opportunity to receive necessary treatment promptly.
Surgical errors, ranging from improper closing of a wound to operating on the wrong body part to leaving medical supplies, such as sponges, surgical instruments or towels, behind in a patient’s body.
Nursing Home Abuse
Negligent care, leading to infections, exacerbated injuries, or otherwise worsened conditions – a common scenario seen in many nursing home abuse and neglect cases involving bedsores.
Informed consent malpractice, which can occur when a patient is inadequately educated about the risks or side effects of a procedure, the use of dangerous prescription drugs, or the implantation of defective medical devices.
What Damages Could a Person Recover in a Medical Malpractice Claim?
Under South Carolina law, there are a wide range of medical malpractice damages available to victims. Most awards in South Carolina medical malpractice claims are for the compensation of monetary losses, like the cost of medical bills, revision surgeries, and lost wages.
Victims may also be eligible for compensation of non-monetary damages, such as pain and suffering, although these types of damages may be subject to caps or limits in South Carolina. For example, the state typically caps pain and suffering damages at $350,000 per defendant involved in the claim, and at $1,050,000 total, no matter how many defendants are at fault. However, there are exceptions to the limits if the defendants are deemed grossly negligent, or found to have engaged in especially egregious actions.
Consult an Experienced Columbia Medical Malpractice Lawyer
No matter the circumstances of your medical malpractice injury, your compassionate Columbia medical malpractice lawyer could be your legal advocate as you seek to hold the negligent medical provider responsible for their wrongful conduct. Call today.