When you visit a doctor or medical professional, you trust they will provide the care necessary to heal, treat, or prevent health issues. Unfortunately, this trust can be shattered when medical professionals make mistakes. Medical malpractice occurs when a healthcare provider’s mistakes lead to a patientโs injury, worsened condition, or even death. If you or a loved one have experienced such an incident, a Greenwood medical malpractice lawyer at McCravy, Newlon, Sturkie, & Clardy can guide you through this challenging time.
Medical malpractice is more than just an unfortunate outcome but a breach of duty that may entitle you to compensation for the harm you have suffered. In Greenwood, being well aware of your rights and options in medical malpractice cases is crucial. Our firm is here to hold your hand through this journey.
What Constitutes Medical Malpractice?
Medical malpractice occurs when healthcare professionals fail to provide treatment that meets accepted medical standards and harms the patient. In Greenwood, with our growing healthcare system centered around Self Regional Healthcare and numerous medical practices, the need for experienced legal representation in medical malpractice cases has never been more important.
Several key factors must be proven to determine if medical malpractice has occurred:
- A doctor-patient relationship: You must show the healthcare provider owes you a duty of care. This means that you were officially under their care as a patient.
- Breach of duty: The doctor did not meet the required standard of care. This breach can involve various actions or inactions, which we will discuss shortly.
- Causation: It must be proven their abscondment of duty consequently led to your injury or worsened your condition. The connection between the medical error and your injury must be clear.
- Damages: You must have suffered actual harm, whether physical, emotional, or financial. This could include additional pain and suffering.
Common Types of Medical Malpractice in Greenwood
Greenwood, like any other community, is not immune to medical errors. Patients here may face a range of medical malpractice situations, each with serious consequences. The common types of medical malpractice are:
- Diagnostic errors: Missing or delaying a diagnosis can rob patients of crucial treatment time. When doctors fail to order appropriate tests, misinterpret results, or dismiss serious symptoms, the consequences can prove devastating. Our firm handles cases where healthcare providers miss signs of cancer, heart disease, infections, and other life-threatening conditions.
- Surgical mistakes: Surgical errors can range from operating on the wrong body part to leaving instruments inside patients. Post-surgical infections due to poor sanitation or inadequate monitoring can also lead to serious complications. We help victims of surgical negligence fight for compensation to cover additional medical care, lost wages, and other damages.
- Medication errors: Prescribing the wrong medication, incorrect dosages, or failing to check for dangerous drug interactions can cause severe harm. These mistakes may occur at any point – from the doctor writing the prescription to the pharmacy filling it. Our team investigates thoroughly to identify all responsible parties.
- Birth injuries: Errors made during childbirth can result in lifelong consequences for both the mother and the baby. Birth injuries like cerebral palsy or brain damage often stem from medical negligence.
- Anesthesia errors: Administering too much or too little anesthesia can result in severe complications, including brain damage, heart failure, or death.
The Legal Process in a Medical Malpractice Case
Medical malpractice claims can be complex and emotionally draining. Having a knowledgeable Greenwood medical malpractice attorney to guide you through the legal process can make all the difference. Here is a broad overview of what to expect when filing a medical malpractice lawsuit:
- Investigation: Your attorney will begin by thoroughly investigating your case. This includes reviewing medical records and gathering evidence to determine if malpractice occurred.
- Filing a claim: Once your attorney has a solid case, they will file a legal claim against the responsible parties. This could be the doctor, hospital, or other medical professionals involved.
- Expert testimony: In most medical malpractice cases, expert testimony is required to explain how the healthcare provider deviated from the standard of care. These experts are often doctors in the same field as the defendant.
- Settlement negotiations: Many medical malpractice cases are resolved through settlements rather than going to trial. Your Greenwood medical malpractice lawyer will work to negotiate a fair settlement that covers your losses. If an agreement cannot be reached, your attorney may file the case for trial in a court of law.
- Trial: Should the case go to trial, your attorney will present the evidence to a judge or jury. The decision will depend on whether the court finds that the healthcare provider was negligent and whether that negligence caused your injuries.
Compensation in Medical Malpractice Cases
Victims of medical malpractice in Greenwood are entitled to various types of compensation. Knowing what you may be eligible for is important when pursuing a claim. Compensation can be broken down into several categories:
- Medical expenses: This includes any costs related to additional treatments and therapies needed to address the harm caused by the malpractice.
- Lost wages: If the harm you sustained hindered you from working, you are likely to be entitled to compensation for lost income. This can also include loss of future earnings if you are unable to return to your previous job.
- Pain and suffering: Physical and emotional suffering caused by medical malpractice can be compensable. The exact amount varies depending on the severity of your injury.
- Loss of enjoyment of life: If the harm you sustained hindered your ability to enjoy activities you once loved, you may be compensated for this loss.
How McCravy, Newlon, Sturkie, & Clardy Can Help
At McCravy, Newlon, Sturkie, & Clardy, we understand the emotional and financial toll that medical malpractice can take on you and your family. We are committed to providing compassionate and effective legal representation to victims of medical negligence in Greenwood, South Carolina.
Our skilled and experienced medical malpractice lawyers will ensure that you receive the compensation you deserve. With our in-depth knowledge of both state and federal medical malpractice laws, we are well-equipped to handle even the most complicated cases.
Whether you are dealing with a misdiagnosis, surgical error, or another form of medical malpractice, we are here to help. Our Greenwood medical malpractice lawyers will stand by your side every step of the way and fight to hold negligent healthcare providers accountable.
Remember that in South Carolina, medical malpractice claims are subject to a statute of limitations.
Generally, you must file your claim within three years from the occurrence of the case or from when you discovered the malpractice.
This is why it is important to contact a Greenwood medical malpractice attorney as soon as you suspect that malpractice has occurred. The sooner we can begin investigating your case, the better the chances of building a strong claim.
Work with McCravy, Newlon, Sturkie, & Clardy
When you choose our firm, you gain advocates who understand your case’s medical and legal aspects. Our medical malpractice lawyers will deal with insurance companies and their defense attorneys as you focus on your recovery. Our team keeps you informed throughout the process. We offer free initial consultations to discuss your case and explain your legal options. This arrangement ensures everyone can access quality legal representation, regardless of financial situation. Contact our office today at 866-MCCRAVY to schedule your free consultation and learn how we can protect your rights.