Helping Medical Malpractice Victims
When you are not feeling well, you should be able to count on a doctor to help you heal. But not all doctors are as careful as they should be. Some engage in negligent behaviors that can leave patients with severe injuries. Sometimes patients end up worse off than they were when they first sought care.
Medical malpractice occurs when a medical professional fails to provide the standard of care that another healthcare professional in the same field would have provided under similar circumstances. Medical malpractice may result from a surgical error, a pharmaceutical error, or a wrong diagnosis, and it can lead to severe injuries, emotional trauma, and financial strain.
When you end up suffering as a result of someone else's actions, you have the right to hold them liable. Malpractice lawsuits tend to be complicated so you will want a reliable lawyer on your side. The Hopkins Law Firm has years of experience representing clients in Charleston, Georgetown, Pawleys Island, and Myrtle Beach, South Carolina medical malpractice cases. Read on to find out how they can help you protect your rights.
Common Types of Medical Malpractice Cases
There are many different possible causes of medical malpractice injuries. Healthcare professionals must follow strict policies, state laws, and federal regulations to ensure the safety of their patients. Violating these laws and regulations could put a patient's safety, health, and life at risk.
Medical malpractice cases are commonly brought as a result of the following:
- Anesthesia error
- Wrong diagnosis or failure to diagnose
- Surgical errors
- Hospital staff negligence
- Pharmaceutical errors
- Improper medicine administration
- Delayed treatment
- Retained foreign objects or instruments
- Lack of informed consent
- Emergency room errors
- Improper treatment
- Poor diagnostic test interpretation
- Medical records errors
- Wrongful death
This is not a complete list. You may be able to seek recovery for a number of different situations, many of which may not be immediately apparent. It's important to review the circumstances of your case with a qualified attorney to determine your legal rights and options.
What Kind of Compensation Can I Get in a Malpractice Case?
The injuries you sustained as a result of healthcare workers' negligence may have led to various losses that affected your finances, physical health, and emotional well-being. You could file a claim with the doctor's or facility's liability insurance company to seek compensation for these losses. For example, compensation may be available for:
- Medical bills
- Lost wages and earning capacity
- Mental anguish
- Out-of-pocket expenses
- Pain and suffering
- Physical impairment or disfigurement
- Loss of consortium
Sometimes we will review different factors associated with a client's case to determine the full compensation a victim may be owed. Some of these factors may include:
- Type of injury and how serious it is
- Amount of insurance coverage available
- Evidence proving a medical provider's actions led to your injury
- Effects of the medical malpractice on your quality of life and daily routine
- Time missed from work
- Total medical costs incurred
- The estimated cost of future medical treatment needed
- Whether the injury led to physical or mental impairment or disability
It's not uncommon for medical malpractice victims to suffer future losses due to ongoing pain or permanent disability resulting from the injury. The Hopkins Law Firm has experience calculating a client's losses to determine an appropriate monetary value for their case.
We believe you should not have to pay for the expenses you incurred while treating your injuries. An experienced attorney will fight to obtain compensation for all of your losses and the suffering you endured.
Statute of Limitations
South Carolina has a three-year statute of limitations in place for anyone who sustains an injury from a surgical, medical, or dental treatment, omission, or operation by a licensed medical professional. If you want to file a lawsuit, you must do so before the statute of limitations runs out. Filing after the deadline would likely result in a dismissed case.
However, there are some exceptions to this rule that could extend the timeframe for bringing legal action against a healthcare professional in the civil court system. These exceptions include:
- Discovery rule – You could file suit within three years from the date you knew or should have known about your injury but not more than six years from the date of the incident.
- Foreign object – If a medical provider leaves a foreign object in your body, you would have two years from the date you discovered this object to file a lawsuit.
- Minor – You could delay the statute for up to seven years if you were a minor at the time of the injury.
The Hopkins Law Firm can help you determine if your situation requires adhering to the three-year statute or if you could delay the deadline for extenuating circumstances. It's critical that you hire a Charleston, Georgetown, Pawleys Island, or Myrtle Beach medical malpractice attorney as soon as possible after you sustain an injury. You might face obstacles in your case that could cause you to lose precious time you need to prepare a lawsuit.
Speak to an Experienced South Carolina Medical Malpractice Attorney
If are the victim of medical malpractice, you need a reliable lawyer on your side. The Hopkins Law Firm will give you the guidance and support you need.
The Hopkins Law Firm is a team of South Carolina professionals with years of experience in medical malpractice and personal injury law. We are known for providing their clients with winning outcomes. We treat the people they represent like family offering a high level of care and respect.
Medical malpractice is a serious allegation. Make sure you have the legal team to back you up. We will fight tirelessly to get you the compensation you deserve.