Medical malpractice occurs when a healthcare provider commits a negligent or wrongful act, such as a surgical error, medication error, or failure to diagnose. When healthcare providers make mistakes, they can cause serious injuries and illnesses for patients — not to mention severe financial complications.
If you believe you are a victim of medical malpractice, you need to act quickly to secure your rights. The experienced Charleston medical malpractice attorneys at Morris Law Accident and Injury Lawyers can investigate your circumstances, determine your eligibility for filing a claim, and take the appropriate steps on your behalf.
For a free case evaluation and legal consultation with our experienced Charleston medical malpractice attorneys, please contact us directly today.
Charleston Medical Malpractice Guide
- Why Choose Our Charleston Medical Malpractice Lawyers?
- How Much Is a Charleston Medical Malpractice Case Worth?
- Where Does Medical Malpractice Typically Happen in Charleston?
- Types of Medical Malpractice in Charleston
- Complications That Can Arise from Medical Malpractice
- Fighting the Insurance Company in a Medical Malpractice Case
- Steps to Take After Becoming Aware of Medical Malpractice
- Speak to Our Charleston Medical Malpractice Attorneys Today
Why Choose Our Charleston Medical Malpractice Lawyers?
If you believe that you are a victim of medical malpractice, you need to consult with experienced legal counsel right away. Doctors and their insurance companies have skilled lawyers representing their interests. You should, too.
The knowledgeable legal team at Morris Law Accident and Injury Lawyers will aggressively negotiate with insurance company representatives on your behalf and pursue a favorable medical malpractice settlement. If that is not forthcoming, we can litigate your case in court.
Our team takes on a limited number of cases each year. This allows us to give you and your case the full attention it deserves.
Some of our most recent client testimonials can be found by clicking here.
We have office locations across the state to best accommodate injured clients. Let us help you recover the compensation you need for the complications you suffered from medical malpractice.
How Much Is a Charleston Medical Malpractice Case Worth?
Determining the value of a medical malpractice case in Charleston, South Carolina, involves various factors that can influence the final compensation. In legal terms, the worth of a case is often referred to as damages, which can be categorized into economic and non-economic damages.
Economic damages are tangible losses that can be calculated with relative certainty. These may include medical expenses, such as hospital bills, surgeries, medications, and rehabilitation costs. In addition, economic damages may cover lost wages or income due to the inability to work which the malpractice caused.
Non-economic damages, on the other hand, are more subjective and can be challenging to quantify. These damages are intended to compensate the victim for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms resulting from the malpractice.
In South Carolina, there is a cap on non-economic damages in medical malpractice cases, meaning there is a limit to how much a victim can receive for these types of damages. This cap is at $350,000 per defendant, with a maximum limit of $1.05 million for all defendants combined. However, there are exceptions to this cap, such as cases involving wrongful death or permanent disability.
To determine the overall worth of a medical malpractice case, attorneys and insurance companies typically consider the severity of the injury or harm resulting from the malpractice incident, the long-term effect on the victim’s life, the extent of the medical expenses incurred, and the healthcare provider’s level of fault or negligence.
At Morris Law Accident and Injury Lawyers, we can pursue fair compensation for all of your malpractice-related injuries and losses.
Where Does Medical Malpractice Typically Happen in Charleston?
Medical malpractice can occur in various healthcare settings throughout Charleston, South Carolina, posing risks to patients seeking medical treatment. Examples include the following:
- Hospitals — Hospitals are a common location for medical malpractice. Errors can occur during surgeries, medication administration, diagnosis, and post-operative care. Factors such as understaffing, fatigue, and miscommunication among healthcare providers can contribute to these errors.
- Outpatient Settings — Medical malpractice can also occur in outpatient settings, such as clinics and medical offices. Misdiagnosis, improper treatment, failure to obtain informed consent, and prescription errors are among the potential risks patients may encounter.
- Emergency Rooms — Due to the fast-paced and high-stress nature of emergency rooms, medical errors can occur more frequently. Delays in diagnosis, inadequate treatment, and miscommunication among healthcare staff are common contributors to malpractice in emergency settings.
- Nursing Homes — Residents of nursing homes are vulnerable to medical malpractice due to their age, health conditions, and dependency on caregivers. Neglect, medication errors, inadequate supervision, and failure to provide necessary medical care are among the issues that can lead to malpractice in nursing homes.
- Surgical Centers — While surgical centers specialize in performing surgeries, they are not immune to medical errors. Surgical mistakes, such as wrong-site surgeries, anesthesia errors, and infections, can occur due to factors such as equipment malfunction, inadequate training, and lack of proper protocols.
- Birth Centers — Medical malpractice can also occur during childbirth in birth centers. Inadequate monitoring of fetal distress, delays in performing cesarean sections, and improper handling of complications can result in birth injuries to both the mother and the baby.
- Home Healthcare — Patients receiving healthcare services at home are at risk of experiencing medical malpractice as well. Errors in medication administration, inadequate supervision, and lack of proper training for caregivers can lead to harm or injury to patients in their own homes.
Types of Medical Malpractice in Charleston
Medical malpractice encompasses a wide range of errors or negligence by healthcare providers that result in harm or injury to patients, including all of the following:
- Misdiagnosis — Misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s medical condition, leading to improper treatment or delayed intervention. This can result in worsened health outcomes or even death if the underlying condition is left untreated.
- Surgical Errors — Surgical errors encompass a broad range of mistakes made during surgical procedures, such as wrong-site surgery, anesthesia errors, leaving surgical instruments inside the patient’s body, or performing unnecessary surgeries. These errors can cause severe complications, permanent injuries, or even fatalities.
- Medication Errors — Medication errors occur when healthcare providers prescribe the wrong medication, administer incorrect dosages, or fail to consider potential drug interactions or allergies. Such errors can lead to adverse drug reactions, overdoses, or exacerbation of medical conditions.
- Failure To Obtain Informed Consent — Patients have the right to make informed decisions about their medical treatment. Failure to obtain informed consent occurs when healthcare providers fail to adequately explain the risks, benefits, and alternatives of a proposed treatment or procedure to the patient. Patients may undergo procedures without fully understanding the potential risks involved.
- Birth Injuries — Birth injuries occur during childbirth due to negligence or improper medical care. These injuries can affect both the mother and the newborn, ranging from mild complications to severe conditions such as cerebral palsy, brachial plexus injuries, or wrongful death.
- Neglect or Abandonment — Neglect or abandonment involves failing to provide adequate care to patients, whether in a hospital, nursing home, or other healthcare setting. This can include ignoring patients’ needs, failing to respond to medical emergencies, or neglecting to provide necessary medical treatment.
- Failure To Monitor — Failure to monitor patients’ vital signs, symptoms, or changes in condition can lead to serious complications or medical emergencies going unnoticed and untreated. This negligence can result in worsened health outcomes or preventable injuries.
Complications That Can Arise from Medical Malpractice
Complications stemming from medical malpractice can encompass a wide range of injuries, illnesses, and adverse outcomes that patients may experience due to negligence or errors by healthcare providers. These complications can have profound and lasting effects on patients’ lives, ranging from physical injuries to emotional distress and financial burdens.
- One common complication resulting from medical malpractice is permanent disability. Surgical errors, misdiagnosis, or improper treatment can lead to irreversible damage to organs, nerves, or bodily functions, resulting in long-term disabilities that significantly affect patients’ quality of life.
- Physical injuries such as nerve damage, paralysis, or disfigurement can result from surgical errors, anesthesia mistakes, or improper medical procedures. These injuries may require additional surgeries, rehabilitation, or lifelong medical care to manage symptoms and restore function.
- Another serious complication is wrongful death, which occurs when medical negligence leads to the untimely death of a patient. Whether due to surgical complications, medication errors, or failure to diagnose a life-threatening condition, wrongful death can devastate families and leave lasting emotional scars.
- Infections are also potential complications of medical malpractice. Failure to follow proper sterilization protocols, inadequate wound care, or negligence in preventing hospital-acquired infections can lead to serious infections that require prolonged treatment, hospitalization, or even sepsis, a life-threatening condition.
- Psychological complications are also common among victims of medical malpractice. Patients may experience anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health conditions as a result of traumatic medical experiences, misdiagnosis, or the consequences of malpractice on their health and well-being.
- Financial hardships often accompany complications of medical malpractice. Patients may face steep medical bills for additional treatments, surgeries, or rehabilitation services necessitated by malpractice-related injuries. Lost income due to disability or inability to work can further strain patients’ financial resources and stability.
The complications resulting from medical malpractice can have far-reaching and devastating consequences for patients and their families. At Morris Law Accident and Injury Lawyers, we can hold accountable those responsible for medical malpractice and pursue the justice, compensation, and closure you deserve.
Fighting the Insurance Company in a Medical Malpractice Case
Fighting the insurance company in a medical malpractice claim or lawsuit in Charleston, South Carolina, can be a highly challenging process requiring skilled legal representation and perseverance. Insurance companies often vigorously defend against malpractice claims, employing teams of experienced lawyers and using various tactics to minimize their financial liability.
One of the primary challenges in battling insurance companies is their resources and legal experience. These companies have extensive experience in defending against malpractice claims and often employ tactics such as denying liability, disputing the extent of damages, or delaying the claims process to wear down victims and discourage them from pursuing their cases.
In addition, insurance companies may try to settle claims for less than what victims deserve. They may offer low settlement amounts early in the process, hoping to resolve the case quickly and avoid costly litigation. It is essential for victims to consult with experienced malpractice attorneys who can accurately assess the value of their claims and negotiate fair settlements on their behalf.
Moreover, insurance companies may attempt to discredit victims’ claims by questioning the validity of the medical evidence, challenging the credibility of witnesses, or casting doubt on the severity of the injuries or damages suffered. Skilled attorneys can counter these tactics by presenting compelling evidence, expert testimony, and persuasive arguments to support their clients’ claims.
Dealing with the legal system and procedural requirements in medical malpractice cases can also be difficult for victims without legal counsel. Insurance companies may exploit procedural loopholes or technicalities to dismiss or delay claims. However, at Morris Law Accident and Injury Lawyers, we can help you deal with these issues and protect your rights throughout the legal process.
Steps to Take After Becoming Aware of Medical Malpractice
If you believe you are the victim of medical malpractice, taking immediate steps is crucial to protect your rights and pursue justice. Here are important actions you should consider:
- Document Everything — Keep detailed records of your medical treatment, including dates of appointments, names of healthcare providers involved, medications prescribed, and any symptoms or complications experienced.
- Seek Medical Attention — If you are experiencing ongoing health issues or complications as a result of suspected malpractice, seek medical attention from a different healthcare provider. Your health and well-being should be your top priority.
- Consult with Legal Counsel — Contact an experienced Charleston medical malpractice attorney to discuss your case. A knowledgeable attorney can evaluate your situation, advise you of your rights, and guide you through the legal process.
- Gather Evidence — Collect any relevant medical records, test results, and other documentation related to your treatment. This information will be essential in building a strong case for medical malpractice.
- Avoid Discussing the Case — Refrain from discussing your case with anyone other than your attorney. Avoid posting about your situation on social media or discussing it with friends and family members, as the opposing party can use these conversations against you in legal proceedings.
- Follow Legal Advice — Listen to the advice of your attorney and follow their guidance throughout the legal process. Your attorney will advocate on your behalf and work to achieve the best possible outcome for your case.
- Be Patient — Medical malpractice cases can be time-consuming. Be patient and trust in your legal team as they navigate the legal system on your behalf.
At Morris Law Accident and Injury Lawyers, we can handle every step of the process for you, from negotiating with insurance company adjusters to resolving your case in court.
Speak to Our Charleston Medical Malpractice Attorneys Today
If you suffered injuries or illnesses due to suspected medical malpractice, you need to seek legal help right away. The knowledgeable legal team at Morris Law Accident and Injury Lawyers will aggressively fight for your right to pursue the compensation you deserve for your losses.
For a free case evaluation and legal consultation with a skilled Charleston personal injury lawyer, please contact us today at (843) 466-4444.
