We trust doctors and other healthcare professionals to heal us, yet medical errors happen with alarming frequency. According to Johns Hopkins patient safety experts, over 250,000 deaths are caused by medical errors in the U.S. each year, making medical malpractice the third leading cause of death in the nation.
Medical malpractice has catastrophic consequences, from severe and often permanent disabilities to costly follow-up treatments and a sharp drop in victims’ quality of life – and even death. If you or someone in your family sustained injuries from medical malpractice in Indian Land, contact David Blackwell Law immediately. Our firm will handle all the legal work in your case, letting you concentrate on healing. You don’t owe us any fees unless you recover compensation. Call our office now for a free case review. We look forward to working with you.
How Can Our Attorney Help You with Your Medical Malpractice Claim?
There’s a lot of work involved in medical malpractice cases, but David Blackwell Law can support you every step of the way. Our team will begin by thoroughly investigating your case and consulting with medical experts to determine whether your provider failed to meet the standard of care. From there, we’ll gather critical evidence, including medical records, expert testimony, and other documentation to build a solid foundation for your claim.
Our Indian Land medical malpractice attorney will handle all communication and negotiations with the insurance companies, sparing you from their tactics to minimize or deny your claim. If necessary, we’ll file a lawsuit and advocate for you in court to pursue maximum compensation for your injuries, lost income, and other losses. Throughout the process, we’ll keep you informed, answer your questions, and provide personalized guidance tailored to your unique situation.
Criteria for Proving Medical Malpractice
Proving medical malpractice requires more evidence and a different approach than most Indian Land personal injury cases. The distinction in medical malpractice cases is that you must show that your healthcare provider or the facility that treated you didn’t meet the applicable medical standard of care. In other words, you must show that the treatment you received didn’t align with what another doctor with similar training and experience would have done to treat your injury or illness.
Key evidence in South Carolina medical malpractice claims includes:
- Medical records – These are critical for analyzing the timeline of your care, identifying errors, and showing any inconsistencies in your treatment. They provide a detailed snapshot of the care you received and what your healthcare providers might have overlooked.
- Expert testimony – Statements from qualified medical professionals are essential in medical malpractice cases. These experts can compare the care you received to what a competent provider would have done in similar circumstances.
- Imaging or photographs – X-rays, scans, or photos of your injuries can visually demonstrate the harm you sustained due to a healthcare provider’s actions or lack thereof.
- Witness statements – Accounts from other medical staff, caregivers, or anyone present during your care can support your claim by providing additional perspectives on your healthcare team’s actions (or failure to act appropriately).
Who Is Liable in a Medical Malpractice Lawsuit?
Depending on the specific facts of your medical malpractice case, the liable parties could include:
- Any of the doctors, surgeons, specialists, anesthesiologists, or other healthcare professionals who treated you
- Nurses, lab techs, and other support staff
- The facility where you received your treatment
- Pharmaceutical companies and medical device manufacturers
How Much Is Your Medical Malpractice Claim Worth?
You may be facing significant expenses and missed time at work after experiencing medical malpractice. However, you can demand that the negligent physician or any other at-fault parties compensate you for these losses. How much your claim is worth will depend on the severity of your injuries, your recovery time, and other unique factors of your case.
Through a medical malpractice claim, you can pursue compensation for:
- Medical expenses, including the cost of additional surgeries, treatments, and rehabilitation required because of the medical negligence
- Long-term care and support if you’re left with permanent complications or disabilities
- Lost income for time missed at work while recovering
- Lost earning capacity if you cannot return to work or must take a lower-paying position because of restrictions from your injuries
- Physical pain, emotional suffering, and trauma from the negligence and resulting injuries
- Lost quality of life because of permanent scarring, disfigurement, or disabilities
- Reduced life expectancy from chronic or terminal illnesses
Statute of Limitations for a Medical Malpractice Lawsuit
Because medical malpractice injuries sometimes take a while to manifest, the deadline for filing a personal injury lawsuit is somewhat fluid. State law specifies:
- General rule – In general, you must file a medical malpractice lawsuit within three years from the date of your injury.
- Discovery rule – If the harm was not immediately found, you must file a lawsuit within three years from when you discovered or reasonably should have discovered the injury – but no later than six years from the original occurrence.
- Foreign object cases – If a doctor left a foreign object in your body, you must file a lawsuit within two years of discovering it.
- Minors – For victims under 18 at the time of the malpractice, the statute of limitations is extended up to seven years from the occurrence or one year after the minor turns 18, whichever comes first.
A knowledgeable attorney can help determine which medical malpractice statute of limitations applies in your situation. You should act quickly, though, as there are several steps to take before filing a lawsuit – such as filing a “Notice of Intent to File Suit” and an “Affidavit of Expert Witness” and attending mediation.
Call Our Experienced Medical Malpractice Lawyer in Indian Land for Help
With over 20 years of legal experience, Attorney David Blackwell has the knowledge and determination to help you seek justice after a medical malpractice incident. Our firm has recovered millions of dollars for our clients, and we’ll use every tool at our disposal to maximize your financial recovery. Here’s what one satisfied client said about their experience with us:
“To know them is to love them. From website to final documents, they were outstanding. I appreciated the way they assisted my family and cooperated with all parties involved.” – Marco Lusk
Are you ready to speak to our team about your case? Call now or complete our contact form for a free consultation.