Charleston Medical Malpractice Lawyer
We all depend on doctors, nurses, and other health care professions to care for us in our times of need. For the most part, these medical providers do the best they can with the resources available. But everyone makes mistakes. Unfortunately, when a health care professional makes a mistake, it is the patient who usually suffers the consequences.
Professional negligence is a personal injury under South Carolina law. If you have been the victim of such mistakes, our Charleston medical malpractice lawyer is here to help. The Stanley Law Group has represented victims of physician and other forms of medical negligence since 1990. We can investigate the facts and circumstances surrounding your medical malpractice event and represent you in taking appropriate legal action to secure compensation for your injuries.
Medical Malpractice Is Different in South Carolina
Medical malpractice cases are subject to different rules than other types of personal injury claims recognized in South Carolina. Indeed, here are just a few of the critical rules that every medical malpractice victim needs to be aware of:
- Notice of Intent: Before a victim is even allowed to bring a medical malpractice lawsuit, South Carolina law requires them to file a “Notice of Intent to File Suit” that identifies all of the defendants in the case.
- Expert Affidavit: The victim must also file an affidavit prepared and signed by a qualified medical expert who can describe at least one negligent act committed by the defendant.
- Statute of Limitations: A medical malpractice case must be filed within 3 years of the date of the negligent act or omission, or 3 years from the date when the victim discovered there was a problem (or could have reasonably discovered the problem). But except for claims involving a foreign object left inside of a patient;s body, no medical malpractice case can be brought more than 6 years after the negligent act occurred.
- Mediation: After a victim files their notice and affidavit, they must participate in mediation with the defendants and attempt to resolve their dispute out of court before proceeding with a lawsuit.
- Damage Caps: South Carolina law limits the total amount of non-economic damages (i.e., compensation for pain and suffering) that a victim can receive in a medical malpractice claim. This cap does not apply to economic damages, such as compensation for medical bills, lost wages, or other out-of-pocket financial losses.
Contact Our Charleston Medical Malpractice Lawyers
Medical malpractice cases are rarely simple or straightforward. Even a seemingly obvious case of physician error must still be proven under the conditions and restrictions imposed by South Carolina law. This can often prove stressful for the victims and their families who just want to move on with their lives.
We can help take this legal burden off of your shoulders. Our Charleston medical malpractice lawyers have the experience and commitment to helping you through this difficult time. Call the Stanley Law Group at 803-799-4700 or contact us online today to request a free consultation.
