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When Surgical Mistakes Are Considered Medical Malpractice in South Carolina

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

Surgical Negligence Lawsuits Here's What You Need to Know

Surgery is a critical medical procedure that carries inherent risks, but when mistakes occur due to negligence, the consequences can be life-changing. In South Carolina, victims of surgical errors may have the right to pursue a medical malpractice claim. At Hopkins Law Firm, with offices in Charleston, Georgetown, Myrtle Beach, and Pawleys Island, we help patients and their families hold negligent healthcare providers accountable.

In this blog, we'll explore when surgical mistakes are considered malpractice, what common surgical errors look like, and provide insight into settlement and verdict information for South Carolina surgical error lawsuits.


When Are Surgical Mistakes Considered Medical Malpractice?

Not all adverse outcomes in surgery amount to medical malpractice. To prove malpractice, the following elements must be established:

  1. A Doctor-Patient Relationship Existed: You must demonstrate that the surgeon owed you a duty of care.
  2. The Standard of Care Was Breached: The surgeon failed to act as a competent provider would under similar circumstances.
  3. The Breach Caused Harm: The error must have directly resulted in injury, complications, or death.
  4. Damages Were Incurred: This includes additional medical bills, lost wages, pain and suffering, and more.

Common examples of surgical negligence include preventable errors, reckless actions, or failure to adhere to standard medical practices.


What Do Surgical Mistakes Look Like?

Surgical mistakes can range from minor errors to catastrophic outcomes. Some of the most common examples include:

  1. Wrong-Site Surgery: Operating on the wrong body part or performing the wrong procedure.
  2. Anesthesia Errors: Administering too much or too little anesthesia, or failing to monitor the patient properly.
  3. Retained Surgical Instruments: Leaving sponges, scalpels, or other instruments inside the patient.
  4. Nerve or Organ Damage: Accidental cuts or injuries to vital organs during surgery.
  5. Infections: Failing to maintain a sterile environment, leading to post-surgical infections.
  6. Failure to Obtain Informed Consent: Performing a procedure without properly informing the patient of the risks.

These mistakes can result in severe complications, including additional surgeries, permanent disability, or even death.


Surgical Error Settlements and Verdicts in South Carolina

Victims of surgical errors may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. South Carolina has seen significant settlements and verdicts in surgical malpractice cases, often reflecting the severity of the injuries and the level of negligence involved.

  • Average Settlements: Settlements in surgical malpractice cases often range from $100,000 to $1,000,000, depending on factors such as the extent of the injury and the financial losses incurred.
  • Jury Verdicts: In cases involving severe harm or egregious negligence, jury awards in South Carolina can reach several million dollars.
  • Factors Affecting Compensation: The success of a surgical malpractice lawsuit depends on the strength of the evidence, expert testimony, and the damages suffered by the victim.

How Hopkins Law Firm Can Help

With offices in Charleston, Georgetown, Myrtle Beach, and Pawleys Island, we are committed to helping South Carolina patients affected by surgical errors seek justice and compensation. Our South Carolina surgical mistake lawyers will:

  • Investigate Your Case: We'll gather medical records, expert opinions, and evidence to build a strong claim.
  • Prove Negligence: Our team will demonstrate how the surgeon or medical team breached the standard of care.
  • Pursue Maximum Compensation: Whether through negotiation or litigation, we'll fight for the financial recovery you deserve.

Contact Us for a Free Consultation

If you or a loved one has suffered due to a surgical error in South Carolina, don't wait to seek help. At Hopkins Law Firm, our experienced South Carolina surgical error attorneys are here to answer your questions, evaluate your case, and help you take the next steps toward justice.

Contact us today at (843) 314-4202 or visit one of our offices in Charleston, Georgetown, Myrtle Beach, or Pawleys Island for a free consultation.


Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult a licensed attorney for advice specific to your situation.

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When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.

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