Basics of Medical Malpractice

Medical malpractice claims are some of the most complicated personal injury claims in the business.  The wide variety of instances, coupled with the severity of the harm and the magnitude of the numbers involved, makes medical malpractice a difficult undertaking.  Below are some of the basic principles of medical malpractice claims.  If you believe you may have a medical malpractice claim, you should consult an attorney experienced with medical malpractice cases. 

Types of Claims

Medical malpractice implicates a wide variety of actions and omissions that can injure or limit a patient.  Most medical malpractice cases fall into one of three categories: cases in which a patient was not properly informed of the risks and benefits of a treatment plan, cases in which a doctor fails to diagnose a problem properly, and cases in which the doctor selects or administers the treatment in a negligent manner.  But medical malpractice also covers other cases, for instance, if you were to contract an infectious disease while in the hospital, or if you were to be administered anesthesia incorrectly, or if you were given the wrong prescriptions.  If your situation is not listed here, don’t assume that you do not have a valid claim.  Contact an experienced South Carolina medical malpractice attorney to be sure. 

Types of injuries

Medical malpractice injuries can range in type and severity.  Generally, injuries associated with medical malpractice are rather severe and serious.  Consider birth injuries, a common example of an error that can lead to a malpractice claim.  Or consider other types of injuries like traumatic brain injuries or injuries to the spine or spinal cord.  Your injuries from medical malpractice may be different and individualized.  An experienced medical malpractice attorney can assist you in evaluating your injuries and planning for your relief.  They may consider consulting an expert witness, usually an expert in the medical field, to inspect your records and assess what happened. 

Types of relief

Medical malpractice hinges on whether the party was negligent in performing his or her duties.  Patients can then sue for a variety of types of damages for relief.  Patients may sue for future lost earning capacity, physical pain, loss of enjoyment of life, and mental anguish.  These are examples of general damages claims.  Patients may also sue for special damages, which cover expenses directly caused by the medical malpractice.  These damages include claims for lost wages and for medical bills.  Finally, in some cases, patients may sue for punitive damages, particularly where there is evidence that the medical professional acted in a deliberately harmful manner.  Damages are usually handed down and calculated by a judge or a jury.  In South Carolina, as in many other states, there is a maximum cap on damage awards in some cases. 

Getting Representation

Not all lawyers are created equal.  Some have superior experience in personal injury and medical malpractice cases, like The Stanley Law Group in South Carolina.  Don’t let your rights drift away and be aware – there may be a deadline for you to bring your claim.  If you believe you may have a medical malpractice claim or other personal injury claim, call 803-799-4700 and set up a consultation today.

Resource:

scstatehouse.gov/code/t15c032.php