Medical negligence, more commonly referred to as medical malpractice, occurs when a healthcare provider does not exercise the proper degree of care and skill required by the medical profession.
According to the Journal of the American Medical Association (JAMA), there are approximately 250,000 deaths caused by medical mistakes every year. To put that in perspective, this means that medical negligence is the third most common cause of death in the United States, followed only by cancer and heart disease. Many medical malpractice cases also go unreported, so the number is likely even higher than this.
If you or someone you love has been hurt by medical malpractice, it is important to know that you have legal options. Our Greenville medical malpractice lawyers can help you through the process so your rights are protected and you obtain the full settlement you deserve.
Common Types of Medical Malpractice
The field of medicine, by its very nature, is incredibly complicated. Even the smallest mistake committed by a medical professional can have consequences that are life-altering. Doctors study and train for a number of years in order to gain the skills and knowledge they need to meet the accepted standard of care in the profession. Sadly, medical errors still occur and when they do, patients are left in a worse shape than they were before visiting the healthcare professional. The most common types of medical malpractice are as follows:
- Misdiagnosis: A misdiagnosis occurs when a doctor does not accurately diagnose a condition. This can result in unnecessary treatment, and that could even further harm a patient. Additionally, doctors sometimes do not arrive at a diagnosis quickly enough. This is known as delayed diagnosis and it can also hurt patients because treatment is delayed.
- Failure to diagnose: Sometimes, doctors never make an accurate diagnosis. This can lead to the worst outcomes, particularly when a patient has a terminal disease such as cancer.
- Surgical errors: Performing surgery on the wrong site, piercing vital organs, and leaving medical equipment in a patient’s body cavity are just a few types of surgical errors that constitute medical malpractice.
- Anesthesia errors: Anesthesia errors can occur when anesthesiologists fail to examine patients sufficiently or do not take certain factors into consideration, such as a patient’s medical history, current medications, or allergies.
- Prescription errors: A prescription error can occur when a doctor fails to prescribe the right type of medicine, does not consider the patient’s allergies, orders the wrong dosage, and makes other mistakes. Pharmacies can also make prescription errors, and this is also a type of medical malpractice.
- Failure to warn: Patients have a right to understand the inherent risks associated with any treatment, or side effects of certain medications. When doctors and other healthcare professionals fail to warn patients about these risks, they can be held liable for them.
How to Prove Medical Malpractice
The above common types of medical malpractice can make it seem to patients as though healthcare professionals can be held liable for any mistake they make. This is not true. Doctors often have to use a trial-and-error approach when diagnosing and treating conditions. If one treatment does not work, the physician may try a different approach until finding one that does. This is standard practice in the medical profession and does not necessarily constitute malpractice.
When malpractice does occur, however, doctors and other healthcare providers do not usually admit their mistakes. As such, if you have been harmed by a medical provider, you must prove certain elements of your case. These include:
- A doctor-patient relationship: You must prove that a doctor-patient relationship existed. Entering an emergency room is enough to constitute this relationship because the doctors in these environments are there to treat all patients who require medical help.
- Breach of duty of care: Doctors and other healthcare professionals are expected to provide patients with the highest standard of care. This means acting in a way that other professionals in a similar field would. When doctors are negligent and make mistakes, they have breached that duty of care. You must prove the negligent act that caused your injuries.
- Damages: Medical malpractice claims are intended to provide injured patients with the compensation they need for their additional medical expenses, lost income, and more. If you did not suffer damages or losses, there is nothing to compensate for and as such, there is no medical malpractice claim.
Medical Malpractice Laws in Greenville
There are many different medical malpractice laws in Greenville and throughout South Carolina. In addition to proving negligence, it is of the utmost importance that you understand these laws so you do not place your claim, and any damages received from it, in jeopardy.
The first law is that before you file your claim, you must file a Notice of Intent to File Suit. This notice is a statement that establishes that you are entitled to damages and that you intend to file a lawsuit against the negligent healthcare professional. Our Greenville medical malpractice lawyer can file this notice and contact an expert witness who can help strengthen your case.
Under the law in South Carolina, you are also required to enter mediation before proceeding to litigation. After you file the Notice of Intent to File, you and the negligent healthcare professional must meet within 90 to 120 days to try and resolve the dispute before you go to trial in court.
During mediation, you and the other side will meet and attempt to negotiate and resolve the dispute.
If an agreement is reached, your Greenville medical malpractice lawyer or the mediator can draft the agreement and submit it to the court.
Unlike many other states, you are not required to obtain a certificate of merit in medical malpractice cases in South Carolina. This is a statement from a healthcare professional in a similar field who states that the defendant did not act in a reasonable manner, or provide the standard of care expected of medical professionals. Even though this is not required, an attorney will have a network of experts they work with regularly to provide the necessary testimony that can help your case.
Our Medical Malpractice Lawyer in Greenville Can Help with Your Case
If you have been hurt by medical negligence, you have a right to claim the full damages you need to cover the costs and losses associated with your injury. Medical malpractice cases, though, are some of the most complex. At McCravy, Newlon, Sturkie, & Clardy, our Greenville medical malpractice lawyers can analyze the facts of your claim and build a strong case that will help you obtain the full damages you deserve. Call us now at 866-MCCRAVY or contact us online to schedule a free case evaluation and to learn more about how we can help.