Medical professionals have an obligation to make sure that their patients receive the highest quality of care possible. Falling short of this duty of care could lead to a claim of medical malpractice if a patient has been harmed.
Consider contacting a Lexington medical malpractice lawyer if you believe that either you or a loved one is the victim of medical error. Be sure to look for a personal injury attorney with significant relevant experience as medical malpractice is a highly specialized area of law with many potential pitfalls facing plaintiffs. That being said, a successful medical malpractice claim could lead to significant financial compensation covering everything from medical expenses to pain and suffering.
Examples of Medical Malpractice
The term “medical malpractice” covers a wide range of errors that could have devastating consequences for patients. A seasoned Lexington medical malpractice attorney could represent victims who have been injured as a result of the following:
Mistakes that happen during the course of surgery include puncturing an internal organ, leaving a sponge or surgical instrument inside the patient’s body, or operating on the wrong part of the body.
If a doctor does not correctly diagnose a serious medical condition, there could be tragic consequences. The patient might miss out on treatment that could have prevented serious harm or death.
Errors with regard to prescription medication harm millions of people in the United States every year. Doctors, nurses, and pharmacists bear responsibility for ensuring that patients receive the right medication in the proper dosages.
Injuries to children that occur during childbirth could be catastrophic. They are also largely preventable. Negligent prenatal care and misdiagnosis of certain conditions during pregnancy could also constitute medical malpractice.
Medical Malpractice Law in South Carolina
There are a handful of South Carolina-specific laws pertaining to medical malpractice that a Lexington medical malpractice lawyer could help a victim better understand. Applicable state laws include:
Statute of Limitations
S.C. Code § 15-3-545 states that a claim for medical malpractice must be filed within three years after the injury either occurred or was discovered. A Lexington medical malpractice lawyer should be able to determine whether a claim could be filed within the statute of limitations period.
Notice of Intent & Affidavit of Expert
Anyone alleging medical malpractice in South Carolina must file two documents before initiating a lawsuit. The first is a “notice of intent to file suit,” which, among other things, must identify the provider(s) to be sued and state a basis for a legal remedy. The second document is an affidavit from a medical expert witness describing at least one negligent act the provider(s) performed.
There is a cap in some states on how much money a victorious plaintiff in a medical malpractice lawsuit is able to receive. In South Carolina, there is a cap but only on so-called “non-economic damages,” which includes pain and suffering, emotional distress, and loss of enjoyment of life.
Contact a Lexington Medical Malpractice Attorney
Medical malpractice could result not just in serious physical injury but also emotional and financial challenges. If you or someone you know might be the victim of medical malpractice, it is important for the negligent medical professional to be held accountable. Contact a Lexington medical malpractice lawyer for help determining whether there are sufficient grounds to file a claim.