South Carolina Medical Malpractice Attorney
In the United States, medical malpractice cases are relatively prevalent. The legal system is set up to encourage extensive discovery and discussions between adverse parties in order to settle a disagreement without going to a jury trial. The harmed patient must demonstrate that the physician was negligent in providing care and that this conduct caused the injury.
The South Carolina medical malpractice attorneys at Mickelsen Dalton have experience handling such cases and know what it takes to prove the liable party was responsible for the injuries sustained. Let our firm handle your case while you focus on your recovery. This is already a difficult time, and we are here to make it easier.
At Mickelsen Dalton, we will explain the ins and outs of medical malpractice in your jurisdiction, as well as how our malpractice attorneys can assist you with your specific case. We have a record of success that speaks for itself.
Choose Mickelsen Dalton for Your Medical Malpractice Lawsuit
Mickelsen Dalton has a team of trusted South Carolina medical malpractice attorneys who handle high-stake, wrongful death, and catastrophic injury cases. They are well-versed in the law and can handle any personal injury case. The personal injury attorneys at Mickelsen Dalton are prepared to fight regardless of the size of the insurance company, corporation, or government entity—we are here to be advocates for our clients.
Evidence is the key to almost all personal injury cases. Our firm has unlimited resources to help bring the strongest case possible against the wrongdoer. We will retain the best experts and investigators available to us.
We have a team of attorneys and legal staff who work around the clock on each case because we know what is at stake—your life. Our team will prepare every case as if it is going to trial, which gives us a better advantage and increases the value of your case.
Why Hire a Medical Malpractice Attorney?
Medical malpractice cases can be extremely difficult to understand. Negligence might be difficult to show due to medical practitioners’ specialized training. Your attorney’s ability to demonstrate that the treatment you received did not match the established standard of care will be critical to the success of your medical malpractice claim.
A South Carolina medical malpractice lawyer will be able to assess the strength of your case and determine which experts are required to achieve a fair settlement, or whether a trial is your best option for restitution.
A medical malpractice lawyer knows that most malpractice cases are settled before going to trial and that medical providers are more successful when their cases are tried in front of a jury.
What is Medical Malpractice in South Carolina?
When a doctor or other medical practitioner injures a patient as a result of negligent medical care, such as an error in surgery, therapy, or diagnosis, it is known as medical malpractice. Tort reform applies to these types of malpractice lawsuits, which are normally handled by a South Carolina personal injury lawyer.
If another physician with the same or similar education and training would prescribe the same or similar care to a patient in the same or similar conditions, it is considered accepted medical standard practice.
There are many different types of medical malpractice that may arise while a healthcare professional is treating a patient, such as the following:
- Surgical Errors: A surgeon may perform a surgical procedure on the wrong body part or perform the wrong surgery entirely. The surgeon may also leave a foreign object inside of a body, injure an organ or body part, or accidentally amputate a limb.
- Delayed Diagnosis: A doctor may fail to provide an accurate and timely diagnosis of a patient’s medical condition. As a result, the condition becomes worse and progresses to a harmful stage.
- Misdiagnosis: A doctor may fail to diagnose a patient’s condition completely or mistake it as another injury or illness. Without a proper and timely diagnosis, a patient can suffer severe harm.
- Medication Errors: A healthcare professional may provide a patient with the wrong medication or dosage. Additionally, a doctor may write a prescription for the wrong drug or dosage. These mistakes can lead to an overdose, cause a condition to worsen, or lead to dangerous side effects.
- Failure to Provide Aftercare or Follow-Up: Doctors are required to provide aftercare instructions and follow up with patients, especially for major procedures. If a patient is discharged too early, does not receive follow-up care, or receives inadequate aftercare, serious complications can occur.
Proving Negligence in a Medical Malpractice Claim
There are four elements that must be met in order to bring a medical malpractice lawsuit. Those elements are:
- Duty. The wrongdoer must have had a duty of care to the victim. In cases of medical malpractice, the doctor would owe a duty to uphold the medical standard of care when treating a patient in a professional capacity. This means that the doctor must act in a way that a similarly trained and reasonable professional would do in the same situation.
- Breach. The practitioner must have acted in some way to breach that duty of care owed to the patient. A medical professional may breach his or her duty of care through a negligent act or failure to act.
- Causation. It must be shown that the breach was the direct cause of the patient’s injuries or worsening medical condition.
- Damages. There must have been some sort of economic or non-economic losses suffered by the patient that they could claim in the lawsuit.
If these four elements are found to be true, the at-fault medical professional committed an act of medical malpractice. If you believe that your case falls within these elements, it is important to act quickly. The statute of limitations for medical malpractice lawsuits in South Carolina is three years from the date of the malpractice; if you do not file within this time period, the court will likely dismiss your case.
What Damages Can You Recover in a Medical Malpractice Case?
Patients can seek compensation for any harm they suffer as a result of substandard treatment under medical malpractice legislation. Every year, between 15,000 and 19,000 medical malpractice actions against doctors are filed in the United States, according to the Medical Malpractice Center.
All personal injury cases, including medical malpractice, must prove that your injury or disease caused you harm. You could receive a settlement that includes both economic and non-economic damages.
Economic damages are losses that are specific and quantifiable, such as:
- Cost of surgery and other medical expenses
- Lost earning capacity
- Lost wages
- Prescription medicines for your injuries
Noneconomic damages, sometimes called general damages, consist of losses that are less tangible, like:
- Diminished quality of life
- Loss of consortium (when an injury affects a spousal or domestic partner relationship)
- Pain and suffering
While there is no limit on the amount of economic damages that you could recover in a medical malpractice lawsuit, South Carolina does impose a cap on non-economic damages. This limit changes every year as it is adjusted for inflation. As of 2022, the maximum limit for lawsuits against individual health care providers or health care institutions if $512,773. The limit for lawsuits involving multiple health care providers and institutions is $1,538,319.
In order to receive any damages for a medical malpractice suit, you must prove the four elements above. Negligent medical professionals seldom come forward to admit fault or misconduct. As a result, victims frequently hire teams of medical malpractice attorneys and investigators to collect the evidence.
Contact Our Medical Malpractice Attorneys Today
If you or a loved one has been badly injured or has died as a result of a doctor’s, hospital’s, or nursing error, you should speak with a medical malpractice lawyer in South Carolina or Georgia who can put their experience and knowledge to work for you. Our trusted medical malpractice and personal injury lawyers at Mickelsen Dalton have the tools, resources, and track record to aggressively pursue compensation and outcomes.
Our attorneys are here to fight for you. We will not relent until we secure a favorable outcome for our clients. We know this is a trying and stressful time. Contact us today to help go over your legal remedies and seek the justice you deserve.
To discuss your legal options, please call our South Carolina office at (843) 804-0428 or our Georgia office at (678) 641-9054. The sooner you contact us, the sooner we can begin working on your case. You can also send us an email at email@example.com or utilize the online messaging system on our website. We are available 24 hours a day, 7 days a week.