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If you or a loved one has been harmed by a medical mistake, you may be feeling confused, frustrated, and unsure of what to do next. Medical malpractice happens when a doctor, nurse, or other healthcare provider fails to meet the standard of care, causing injury or even death. You don’t have to face this alone; a medical malpractice lawyer in South Carolina can help.
With over 20 years of combined legal experience, the legal team at Hopkins Law Firm knows how to file a winning claim. Our South Carolina personal injury lawyers empower our clients to fight for the compensation they need to rebuild their lives. So far, we have recovered more than $100 million, and we continue to represent big cases.
Call us today for a free consultation.
Compassionate Medical Malpractice Lawyers in South Carolina
When a trusted medical professional makes a serious mistake, the results can be life-changing. Our South Carolina medical malpractice lawyers understand how overwhelming and emotional this experience can be. We’re here to listen, support you, and guide you through the legal process with care and respect.
Medical malpractice cases often involve complex medical records, expert testimony, and strict deadlines. Our team has the experience to investigate what went wrong, build a strong case, and hold healthcare providers accountable. You don’t have to go through this alone. Let us help you find answers and take the next step toward healing.
What Is Medical Malpractice?
Medical malpractice happens when a doctor, nurse, hospital, or other healthcare provider fails to give proper care, and that failure causes harm to a patient. If you are not sure whether you have a valid claim, consult our medical malpractice attorneys in South Carolina.
To be considered malpractice, the care must fall below the accepted standard that another qualified provider would have followed in the same situation. In other words, it’s not just a bad outcome; it’s about whether the provider was careless or made a serious error that could have been avoided.
How to Prove Medical Negligence
Proving medical negligence is the foundation of any medical malpractice case. To hold a healthcare provider legally responsible for your injury, you must show that they failed to meet the accepted standard of care and that this failure directly caused you harm.
To prove negligence, your South Carolina medical malpractice attorney will focus on the following key elements:
- Duty of care: This means the healthcare provider had a legal responsibility to treat you according to accepted medical standards. For example, a doctor-patient relationship must exist, and the provider must be expected to deliver appropriate care based on their training and the situation.
- Breach of duty: A breach happens when the provider fails to meet the expected standard of care. This could involve making a mistake, failing to act, or choosing a treatment that no reasonable provider would have used under the same circumstances.
- Causation: It’s not enough to show that a mistake happened; you must also prove that the provider’s actions (or failure to act) directly caused your injury or made your condition worse. This often requires expert medical testimony.
- Damages: Finally, your attorney must show that the negligence led to actual harm. This can include physical injuries, emotional distress, extra medical costs, lost income, and future care needs.
Common Causes of Medical Malpractice
Medical malpractice can happen in many different ways, but it usually comes down to a healthcare provider making a serious mistake that could have been prevented.
These errors can lead to serious injuries, long-term health problems, or even death. Understanding the common causes of medical malpractice can help you recognize when something may have gone wrong.
The most common types of negligence that lead to medical malpractice claims include:
- Misdiagnosis or delayed diagnosis: Failing to diagnose a condition correctly or in time can prevent a patient from getting the treatment they need.
- Surgical errors: Mistakes during surgery, such as operating on the wrong body part, leaving tools inside the body, or causing unexpected injuries, can cause lasting damage.
- Medication errors: Giving the wrong drug, incorrect dosage, or failing to check for harmful drug interactions can cause severe health issues.
- Anesthesia mistakes: Errors with anesthesia can lead to severe complications, including brain damage or death.
- Birth injuries: Negligence during pregnancy, labor, or delivery can cause injuries to both the baby and the mother.
- Failure to treat: Not providing the proper follow-up care or ignoring a patient’s symptoms after a diagnosis can contribute to negative health outcomes.
If you believe you’ve experienced one of these issues, a medical malpractice lawyer can help you understand your legal options and work to hold the responsible parties accountable.
Fill out a Free Case Evaluation form today!
South Carolina Has a Deadline for Medical Malpractice Cases
The law sets a time limit, called the statute of limitations, for filing a medical malpractice lawsuit. In most cases, you have three years from the date the injury occurred or from the date you discovered (or should have discovered) the injury, but not longer than 6 years from the date of the incident. This is outlined in South Carolina Code § 15-3-545.
However, there are exceptions. For example, if a foreign object was left in your body during a surgery, the deadline is usually two years. Missing the deadline usually means you lose your right to take legal action and seek compensation.
Our South Carolina medical malpractice lawyers can review your case and determine exactly how much time you have to file. Don’t wait too long; getting legal help early can make a big difference.
Don’t Delay, Call Clay
Medical malpractice cases are complex, but our lawyers in South Carolina will help you understand your rights, gather evidence, and fight for maximum compensation. Legal support is available to help you seek justice and move forward.
Call Hopkins Law Firm to share your experience with us. We will closely listen to your account and create a personalized legal strategy. Our medical malpractice attorneys in South Carolina will make your voice heard throughout the legal process.
