Medical Malpractice

Medical Malpractice Lawyer in Summerville, SC

When you go to the doctor or other health care providers for a medical issue or concern, you put your faith and trust in them and their ability to help you feel better. Unfortunately, medical providers can betray this trust through medical malpractice, which can have life-altering consequences for the patient. Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing harm to a patient. Find and hire a Summerville medical malpractice lawyer from Murphy Crantford Meehan to help with your injury claim.

While you may feel hopeless after you were injured by your healthcare provider, there is a way to pursue compensation and justice for this harm. A seasoned medical malpractice lawyer in Summerville can help. Contact us today for a free consultation to learn how we can help you.

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What Is the Most Common Type of Medical Malpractice?

One of the most commonly cited types of medical malpractice is misdiagnosis, and according to a 2023 U.S. Department of Health and Human Services report, roughly 7.4 million emergency department patients receive a misdiagnosis annually. Misdiagnosis can have several wide-ranging consequences, including:

Delayed Treatment – When providers fail to diagnose patients correctly, the underlying condition may worsen, potentially leading to more severe health issues or complications.
Incorrect Treatment – Misdiagnosis often leads to the wrong treatment, which can have harmful effects, such as inappropriate medication and unnecessary procedures.
Increased Medical Costs – Misdiagnosis can lead to significant financial burdens. Patients may incur high medical costs due to unnecessary treatments, additional tests, and hospital stays. Correcting the misdiagnosis can involve more medical appointments, tests, and treatments, increasing the overall cost.

Understanding the complexities involved in a medical malpractice case is crucial, as it can involve various parties and unique strategies.

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Other Types of Medical Malpractice

Medical malpractice can occur in various forms, but the most prevalent types of medical malpractice include:

Medication Errors

Medication errors occur when a patient receives the wrong medication or the wrong dose or experiences harmful interactions between prescribed drugs, which can result in adverse reactions, worsening of the patient’s condition, or even death.

Childbirth Injuries

Childbirth injuries can affect both the mother and the baby. Common examples include improper use of forceps or vacuum extractors, failure to perform a timely C-section, and inadequate monitoring of the mother and baby’s vital signs during labor and delivery.

Surgical Errors

Surgical errors are mistakes made during surgery. Common errors include operating on the wrong site, performing the wrong procedure, leaving surgical instruments inside the patient, or causing damage to surrounding organs or tissues.

Misdiagnosis or Delayed Diagnosis

When a healthcare provider incorrectly diagnoses a condition or fails to diagnose it promptly, the patient may not receive the necessary treatment, leading to the worsening of the condition or even death. Commonly misdiagnosed conditions include cancer, heart disease, and infections.

Anesthesia Error

Mistakes related to administering anesthesia can lead to brain damage, permanent injury, or death. Common issues include administering too much or too little anesthesia, failing to monitor the patient’s vital signs, or not recognizing and addressing complications promptly.

Emergency Room Errors

Emergency room errors can occur due to the fast-paced and high-pressure environment. Common mistakes include misdiagnosing conditions, delayed treatment, failure to order necessary tests, and improper discharge instructions.

Failure to Treat

Failure to treat occurs when a healthcare provider correctly diagnoses a condition but fails to provide the necessary treatment. This can happen when a doctor discharges a patient too early, does not follow up on test results, or does not refer the patient to a specialist.

Radiology Errors

Radiology errors involve interpreting diagnostic imaging tests such as X-rays, CT scans, and MRIs. Misreading these images can lead to incorrect diagnoses, delayed treatment, or unnecessary procedures.

Inadequate Follow-Up or Aftercare

Aftercare is crucial to the recovery process. Inadequate follow-up or aftercare involves failing to provide appropriate post-treatment instructions, not scheduling necessary follow-up appointments, or not monitoring the patient’s recovery properly. This can lead to complications or worsening of the patient’s condition.

Medical malpractice claims can be filed against any licensed medical professional or healthcare provider, depending on the circumstances of the case.

What To Do If You Suspect Medical Malpractice

It can be upsetting to consider the possibility of medical malpractice in your health care, but there are steps you can take to protect your life, health, and rights. You should:

Seek Another Provider – If you believe you are experiencing complications or your condition is worsening due to medical negligence, seek medical attention from a different source immediately. A different medical professional can offer an impartial perspective and help identify whether the original treatment deviated from the standard of care.
Keep a Journal – Track your symptoms, treatments, and communications with doctors in a journal to document how the suspected malpractice impacts your life and health.
Document Everything – Gather and preserve all relevant information and documentation, including medical records, test results, prescriptions, doctor’s notes, and photos, if possible.
Avoid Communicating with the Original Provider – Do not discuss your suspicions or accuse the healthcare provider directly. This can complicate your case and lead to further issues. Instead, focus on gathering evidence and getting appropriate medical care.
Call a Medical Malpractice Attorney in Summerville – Contact specialized medical malpractice lawyers immediately. An experienced attorney can help you evaluate your case, collect additional evidence, and file a comprehensive claim within the statute of limitations.

How Long Do You Have to Sue for Medical Malpractice in South Carolina?

In South Carolina, the statute of limitations for medical malpractice lawsuits allows three years from the date you discovered or reasonably should have discovered the negligent act to file a lawsuit against the provider.

Additionally, there are certain exceptions and special rules that can alter these time limits, including:

Fraudulent Concealment – If the healthcare provider intentionally concealed the malpractice, it can extend the statutory deadline. In cases of fraudulent concealment, the three-year period may begin from the date the malpractice was or reasonably should have been discovered.
Incapacity – If the patient was mentally incapacitated and unable to understand their injury or the nature of the malpractice, the statute of limitations period can be paused until the incapacity ends.
Minors – The filing time period extends if the victim is a minor. The three-year period does not begin until the child turns 18. However, there is a statute of repose that applies. You must file the claim within six years of the date of the malpractice, regardless of the child’s age at the time of discovery.

It’s critical to file a medical malpractice lawsuit as soon as possible to avoid losing your ability to seek compensation for your losses in court. Failing to file within the specified period can result in losing your legal right to pursue a lawsuit, regardless of the seriousness of the harm you suffered.

Possible Compensation for a Medical Malpractice Claim

You can pursue compensation for various losses you experienced due to medical errors. You can seek compensation for several losses, including:

Medical Expenses—This category includes past and future medical bills, including corrective care costs, hospital or ER stays, rehabilitation, and medications.
Lost Wages – If you were unable to work during your recovery period, you can pursue compensation for those lost wages. You can calculate this missed income by determining what you would’ve made if you had immediately returned to work.
Loss of Future Earning Potential – If the malpractice affects your ability to earn a living in the future, you can seek compensation for the reduction in your earning capacity. Your Summerville SC medical malpractice attorney can make this calculation, which may be based on your age, occupation, skills, and the extent of your injuries.

Pain and Suffering – You could pursue compensation for the physical discomfort and emotional distress you suffered as a result of being harmed by medical negligence.
Loss of Enjoyment of Life – A medical error could impact your ability to enjoy hobbies, activities, and other aspects of life, which can add to feelings of depression and hopelessness. You can seek compensation for this loss.

Does South Carolina Have A Medical Malpractice Cap?

Some limitations, or caps, exist for non-economic damages in South Carolina medical malpractice cases. Non-economic damages are those that compensate the injured person for intangible losses like pain and suffering and loss of enjoyment of life.

While these caps aim to control malpractice insurance costs for healthcare providers, they ultimately impact the necessary compensation that victims of medical negligence can receive.

According to medical malpractice laws, South Carolina’s medical malpractice caps on non-economic damages include:

Individual Defendant – The cap is $350,000 per healthcare provider or institution. This means that for each individual healthcare professional or medical facility involved in the malpractice, the maximum amount you can receive for non-economic damages is $350,000.
Multiple Defendants – If there are multiple defendants involved in your case, the total cap for non-economic damages is $1.05 million. This means that regardless of the number of healthcare providers or institutions involved, the combined total of non-economic damages cannot exceed $1.05 million.

Contact a Medical Malpractice Attorney in Summerville

If you or a loved one is a victim of medical negligence, you need legal help. Many South Carolinians have turned to Murphy Crantford Meehan’s personal injury attorneys for medical malpractice issues, and our law firm is happy to represent you, too. We conduct meticulous investigations, consult industry professionals as required, and gather compelling evidence to support your case while you focus on recovering. With the compassionate support of our medical malpractice attorneys in Summerville, you’ll never feel alone. Contact us online or call our law firm today for your free consultation. Our Summerville medical malpractice attorneys can help you get the compensation you deserve.

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