Spartanburg Medical Malpractice Lawyer

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Local Reviews from Our Incredible Clients

I was stressed out figuring everything out. I walked in one day, and a paralegal told me I definitely had a case. From that moment on, itโ€™s been a big uplift. They kept me updated, and Mr. Clardy walked me through each step. He stepped up to the plate and went into action. I even told my brother to come speak with Mr. Clardy. Iโ€™d tell anybody to go to him.
Rebecca Robinson
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A car came through a stop sign and ran into the side of my Jeep. McCravy Law Firm helped deal with the insurance company and get my car fixed. They also helped me with another accident claim even though the driver didnโ€™t have insurance. If you were in an accident, this is the best place to call and get someone to represent you. The people are great, and theyโ€™re fair. Everyone in the office was sweet. Iโ€™d recommend them to anybody. Theyโ€™ll take care of what you need, and they donโ€™t take long.
Zachary Norman
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Mr.Clardy was amazing in sticking to facts related to my case. His compassion and dedication shows he cares genuinely about his clients. He will do all he can to help you . Very professional and as I said will work for you the client.
lawyers.com
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My arm was broken when a door slammed close during a storm. I just want to express the compassion and love I felt from the office staff. I was having such a hard time just trying to use my arm again. They were so wonderful, compassionate, and kind that it really touched my heart. They treated me like a human being and understood the pain I was going through. I would recommend this law firm to anyone and everyone whose had a personal injury.
Vicki Davix
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I was injured after being rear ended in a car accident after dropping my son off at work. I had nightmares seeing the accident again. Even though it was a trying time for me, I still contacted the McCravy Law Firm office. I couldnโ€™t have asked for anyone better than those who helped me out. I trust them. They never put me off. I would recommend this office to anyone who needs a lawyer. I was pleased with how everything turned out for me.
Olivia Cox
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Overall, very satisfied with the communication and dedication of Mr. Sturkie's services. Team is quick to respond and truly cares about his clients. His empathy and compassion to help other is greatly appreciated and noticed throughout the community. I will recommend him to anyone! He also has helped many of my friends and family.
lawyers.com
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When I sustained an injury to my head, I saw some Emergency Room physicians but wasnโ€™t seeing the results I needed. My dad recommended the McCravy Law Firm. They jumped right on the case and said Iโ€™d get the care and treatment I needed. Everyone in the office was always helpful. Mr. Newlon and Mr. Sturkie were in my corner the whole time. They were able to reach a great negotiation in my favor, and we settled the case. Everything was taken care of on my medical end. Within a couple weeks of our negotiations, I received the final settlement. Now that theyโ€™ve helped me get the medical treatment I needed, Iโ€™ve been on the road to a great recovery.
Rhonda Grimes
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I fell 7 feet off a ladder and got spine damage. I lost my 42-year career and the certainty of my future. I would go from being worried to feeling really good about everything. The McCravy Law Firm, I couldnโ€™t say enough good about them. It was a trying time for me, and they were just fantastic all the way through. Iโ€™ve recommended McCravy to a few of my friends. I told them not to go anywhere else.
Ray Graham
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Get Help Today Speak with McCravy Law Firm About Your Case

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When you become sick or seriously injured, you may visit a hospital or medical center to receive treatment for your injuries. There are many medical centers in Spartanburg that provide the high-quality treatment that is expected of them. Unfortunately, doctors, nurses, and other healthcare providers are human and as such, they can make mistakes. When these mistakes are made, patients suffer some of the most serious injuries and they often deserve compensation for them. If you or someone you love has been harmed by a medical professional, our Spartanburg medical malpractice lawyers can help you obtain the full damages you deserve.

Defining Medical Malpractice

According to the American Board of Professional Liability Attorneys, medical malpractice occurs when a healthcare professional or facility causes injury to a patient due to an omission or negligent act. Still, not all medical errors are considered medical malpractice. For example, certain illnesses are not always easy to diagnose right away. A doctor may order different tests or try different treatment options when trying to arrive at the right diagnosis. In these instances, it is not always medical malpractice simply because the first treatment did not work.

To prove medical malpractice, you must prove that a healthcare professional did not act in the same way a medical professional would have in the same situation. Medical malpractice cases are some of the most difficult to prove. If you have been hurt, a Spartanburg medical malpractice lawyer can review your case and determine if you are eligible for compensation.

Common Types of Medical Malpractice

Sadly, many different types of medical malpractice result in serious injury to patients. The most common of these include:

  • Misdiagnosis
  • Delayed diagnosis
  • Treatment errors
  • Surgery errors
  • Medication errors
  • Medical device errors
  • Pharmacy errors
  • Anesthesia errors
  • Post-operative negligence
  • Post-operative complications
  • Hospital and emergency room errors
  • Birth injuries

The above are just a few of the most common types of medical malpractice. If you have suffered harm at a doctorโ€™s office, hospital, or other medical facility, you may be entitled to compensation.

Proving a Medical Malpractice Claim in Spartanburg

Like other personal injury cases, you must prove certain facts of your case when filing a medical malpractice claim. These include:

  • A healthcare worker or facility owed you a duty of care: You must first establish that a healthcare worker or facility owed you a duty of care. This means you must show that there was a doctor-patient relationship in place, but that does not mean the professional had to be your regular doctor. Even entering an emergency room establishes a duty of care because the healthcare professionals in these settings have a duty to provide quality care to all patients who seek treatment.
  • Breach of duty: After establishing that you were owed a duty of care, you must also show they breached that duty. A breach of duty refers to the negligent act that caused your injury. For example, if you had surgery and the medical team left a sponge in the body cavity, that is a negligent act that constitutes a breach of duty.
  • Causation: A negligent act on its own is not enough to file a medical malpractice claim. You must also show the direct link between the negligent act and your injury. For example, if a doctor misdiagnosed you but you were not hurt, you do not have the right to file a claim.
  • Damages: Medical malpractice claims are meant to compensate you for your injuries and other losses. If you did not become injured or suffer other losses, there is nothing to compensate for and so, no claim to file. You must prove the nature and extent of your injuries and other losses, such as emotional distress.

Proving medical malpractice claims is very challenging. Our Spartanburg medical malpractice lawyer knows the strategies to build a strong case so you obtain full compensation.

Important Medical Malpractice Laws in Spartanburg

Medical malpractice cases in Spartanburg, and throughout South Carolina, have many different laws that do not apply to other types of personal injury cases.

One of the laws that make medical malpractice claims different from others is the expert affidavit requirement. This affidavit is a statement from a medical provider in a similar field stating that the healthcare professional did not act in a reasonable manner to keep you safe. The affidavit must specify the negligent act or omission that caused you harm.

The expert affidavit must accompany a Notice of Intent to File. There are several requirements placed on the Notice of Intent to File. Our Spartanburg medical malpractice lawyer can explain what these are and help you file the notice to protect your claim.

State law also requires that you enter into non-binding arbitration or mediation to try and resolve the dispute before entering litigation. The negligent party is going to have legal representation during these proceedings and it is important you do, as well. Mediation, in particular, largely relies on negotiation to reach an agreement and many people are unfamiliar with negotiations. Our attorneys are skilled negotiators and can help ensure you receive the most favorable outcome.

If you have taken the above steps and your case is still not resolved, you may have to file a lawsuit against the negligent healthcare provider. In Spartanburg, you have just three years from the date of the injury to file your claim. This is known as the statute of limitations. If this time limit expires and you have not yet filed your claim, you will likely be barred from receiving any compensation.

Caps on Damages in Medical Malpractice Claims

There are two main types of damages in medical malpractice claims. The first is economic damages.

These include your losses that have a quantifiable value, such as your medical expenses and lost income. In South Carolina, there is no cap on economic damages and so, you can include all of your losses in your claim.

Non-economic damages are the other type of compensation you can include in your claim. These damages are not as easy to quantify and state law does place a cap on them. In 2024, the cap on medical malpractice non-economic damages is $564,168 for a single medical provider and $1,692,503 when there are more than three defendants. The cap on non-economic damages in medical malpractice claims increases every year to adjust for inflation.

Our Medical Malpractice Lawyer in Spartanburg Can Prove Your Case

Medical malpractice cases are some of the most challenging personal injury claims. At McCravy, Newlon, Sturkie, & Clardy, our Spartanburg medical malpractice lawyers can build a strong case to prove your claim so you obtain the full and fair settlement you are entitled to. Call us today at 866-MCCRAVY or contact us online to schedule a free case evaluation and to get the legal help you need.

Frequently Asked Questions

Do I need a lawyer?

The best way to know if you need a lawyer is to ask. If you have injuries that you received medical attention for, itโ€™s worth having a legal consultation. Your consultation is where you can decide if you want to hire a lawyer. Weโ€™ll explain the pros and cons and how a lawyer may help you

How much is my case worth?

Case values vary. Your losses and the strength of the legal case are the primary factors. The ability to collect compensation is important, too. There are things you can do to maximize the value of your case. Our lawyers can help.

Will my case settle?

Most cases settle. Building a strong case and negotiating effectively can help you reach a settlement. Weโ€™ll evaluate your case and the factors that make a case likely to settle. When we represent you, weโ€™ll work towards your goals. That includes a settlement, if you choose.

What happens if I have to file a lawsuit?

Sometimes, you must file a lawsuit to get the compensation you deserve. Even most cases that are filed still result in settlement. Filing the case makes the defense respond and it moves the claim forward. As your lawyer, we take care of the filing documents and legal procedure.

Should I speak with the insurance company before hiring a lawyer?

No. The insurance company can use your statements against you. They may try to confuse you or pressure you to accept a low offer. This is true even if you havenโ€™t hired a lawyer yet. We can start representing you as soon as you sign up. Then, we speak to the insurance company for you.

Should I allow an insurance company access to my medical records?

Insurance companies like broad disclosures of medical records. Theyโ€™re looking for things that might embarrass you or things they can use to minimize compensation, like pre-existing conditions. Our lawyers can help you respond to a request for medical records.

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