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 doctor’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.