Frequently Asked Questions about Medical Malpractice
Do you have questions about medical malpractice in South Carolina? Medical malpractice can be one of the most complex areas of law. Don’t hesitate to consult a legal professional, but for now, read on to have some of your questions answered:
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional falls short of the required standard of professional conduct. That’s not the end of the story, however. There must also be an injury or death that is fairly traceable to the medical professional’s conduct. Medical malpractice isn’t just a case of a doctor making a mistake; it is determined by whether the doctor deviated from the accepted standard of care, the level of skill and care that an average doctor would provide.
What Kinds of Circumstances Lead to Medical Malpractice?
All sorts of medical procedures and scenarios can lead to a medical malpractice claim but some types of claims are more common than others. For example, birth injuries are a common source of medical malpractice claims. So are emergency room errors, prescription drug overdoses or interactions, misdiagnoses or failure to diagnose, and negligence in surgery.
How Long Do I Have to File My Claim?
Generally, you have three years from the time of the act or omission that gave rise to the lawsuit or from the time the damage was or reasonably should have been discovered. However, there are some exceptions to this rule. Do not hesitate to contact an experienced medical malpractice attorney, because the clock may be ticking.
How Do I Know if I Have a Medical Malpractice Case?
As mentioned above, medical malpractice can be one of the most complicated areas of law. Generally, you need a significant injury, a failure to meet a standard of care, and causation between the two to establish medical malpractice. Both the client’s medical history and the applicable law must be evaluated. It is often necessary for an expert, like a doctor or other medical professional to weigh in on what caused the injury and why. The best way to determine whether you have a case is to consult an experienced medical malpractice attorney.
Who Can Be Sued in a Medical Malpractice Case?
A myriad of people or entities may be responsible for your or a loved one’s injuries in a medical malpractice lawsuit. A hospital, medical practice, pharmacy, clinic, or other healthcare facility may be responsible. So might the makers of a particular medical product, like a drug or treatment device. An experienced medical malpractice attorney can help you identify the proper party against whom to bring your suit.
I Still Have Questions. Who Do I Contact?
Medical malpractice is time and fact-sensitive. Your case may need the help of medical experts or medical professionals, too. If you or a loved one believe you may have a medical malpractice case, don’t waste time. Protect your rights and interests. Contact an experienced Columbia personal injury lawyer today at The Stanley Law Group. Call 803-799-4700 and set up a consultation today.
Resource:
scstatehouse.gov/code/t15c003.php
