Medical Malpractice

Columbia Medical Malpractice Attorneys

Taking Action Against Negligent Medical Practitioners in North August

Medical practitioners are expected to provide a certain level of care when treating patients. Unfortunately, not all do. When a doctor’s, surgeon’s, or other health care worker’s negligence or omission falls below the standard, they can cause serious injury to those they are supposed to be helping. These individuals should be held accountable for the harm they caused. If you were injured by a medical provider, you could file a medical malpractice claim against them to recover compensation for damages. The process for pursuing financial recovery in South Carolina is complex and includes submitting a notice of intent and an affidavit from a medical expert, attending mediation, and taking your case to trial if necessary. These steps can be difficult to handle alone. Fortunately, you can have an attorney assist with your case.

At Woron and Dhillon, LLC, our Columbia medical malpractice lawyers are prepared to seek just compensation on your behalf. We can investigate, gather evidence, develop a legal strategy, and represent you at hearings. Our team consists of skilled negotiators ready to go up against insurance companies and others. Backed by over 30 years of combined experience, our attorneys have the knowledge, insights, and talents to do what it takes for you.

To schedule a free consultation with one of our medical malpractice attorneys in Columbia, please contact us at (803) 626-1345.

What Is Medical Malpractice?

South Carolina law defines medical malpractice as a health care provider doing or not doing something a reasonably prudent practitioner would have done under similar circumstances. In other words, the medical professional was negligent in their duties because their actions or inactions fell below the expected standard of care.

Various situations can give rise to a medical malpractice claim, including, but not limited to:

Failure to diagnose
Misdiagnosis
Unnecessary surgery or treatment
Medication errors
Surgical errors

When you bring a medical malpractice claim, you have the burden of proving that you are entitled to compensation and the health care provider named is the one who owes it. You must demonstrate that the practitioner did not do what a competent professional would have, and their negligence or omission was the proximate cause of your injuries.

To make your case, you must provide various pieces of evidence and develop compelling arguments to clearly tell your story. Our team can help put everything together, allowing you to focus on your health.

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South Carolina’s Process for Filing a Medical Malpractice Claim

If you are taking legal action against a medical professional because of malpractice, you must follow the steps outlined in South Carolina’s Code of Laws.

According to Section 15-79-125, the stages involve:

Filing a notice of intent. The statement contains the names of the persons or entities you are taking action against. It also details the situation, the injuries you suffered, and why you are entitled to compensation.
Submitting an expert affidavit. The affidavit is a report from a medical expert confirming that you were the victim of at least one type of medical malpractice and were injured as a result.
Attending a mediation conference. The conference should take place within 90 to 120 days of filing the notice of intent. The goal is to resolve your case outside of the courtroom.
Pursuing a lawsuit. If your case isn’t settled through mediation, you can take civil action against the practitioner or health care provider. You must file your suit within 60 days after it’s determined that resolving the matter outside of trial is impossible.

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Recoverable Damages in Medical Malpractice Cases

Damages refer to the expenses and losses incurred because of an injury and include financial, physical, and mental costs. You can recover two types of damages in your medical malpractice case: economic and non-economic.

Economic damages are monetary losses that include, but are not limited to:

Past and future medical care,
Rehabilitative services,
Custodial care,
Past and future lost wages, and
Loss of employment opportunities.

Non-economic damages are more subjective and don’t have a dollar amount attached to them.

They include, but are not limited to:

Pain and suffering,
Emotional distress,
Mental anguish,
Loss of enjoyment of life,
Loss of society, and
Inconvenience.

South Carolina law limits the amount someone can recover for non-economic damages in a medical malpractice case. If your lawsuit is against one defendant, you can receive no more than $350,000. An exception is if a judge or jury decides that the practitioner was “grossly negligent, willful, wanton, or reckless…” (South Carolina Code of Laws § 15-32-220(E)).

If your lawsuit is against more than one defendant, you can recover up to $1.05 million.

Statute of Limitations for Medical Malpractice Claims

The statute of limitations puts a deadline on the amount of time you have to take action against a negligent medical provider.

You must begin your case within:

3 years if you were injured, but not more than 6 years after the date of occurrence, or
2 years if a practitioner left a foreign object in your body.

Failing to take action within the allotted time can compromise your ability to seek compensation. If you file your claim after the deadline, the defendant can submit a motion to dismiss.

Contact Woron and Dhillon, LLC Today

Our Columbia medical malpractice lawyers do not tolerate instances of health care providers acting below the standard of care. Their negligent behavior endangers the lives of others, and they should be held responsible for their misconduct.

If you need help seeking justice, contact our team at (803) 626-1345

Columbia Medical Malpractice Lawyer FAQs

If you have been a victim of medical malpractice, you may have questions for a Columbia medical malpractice lawyer about your rights and the process of filing a claim. To help guide you through the process, we have answered some of the most frequently asked questions about medical malpractice cases. Contact a lawyer at Woron and Dhillon, LLC for help!

What Are Types of Damages Recovered in these Cases?

Medical malpractice cases provide legal recourse to those who have suffered harm due to negligence or reckless behavior on the part of medical professionals. Depending on the facts of the case, victims may be eligible for a variety of different damages, including: medical expenses, pain and suffering, disability, disfigurement, lost wages, and even punitive damages. In some cases, damages may be awarded for wrongful death due to medical malpractice. It is important to speak with a medical malpractice lawyer about your specific situation in order to determine what types of damages you may be entitled to.

How Can I Find out More about My Rights after a Medical Error?

If you believe you have been the victim of medical malpractice, the first step is to seek legal advice from a qualified Columbia medical malpractice lawyer. A good lawyer can help you determine if you have a claim and provide guidance on your rights and options. An experienced lawyer can also help you understand any potential legal issues or procedures related to your case.

Who Can Be Held Liable for Medical Errors?

Medical errors can have devastating consequences, and in some cases, it’s possible to hold the responsible parties accountable. Typically, medical malpractice is caused by doctors or other medical professionals, but this isn’t always the case. Hospitals, clinics, pharmaceutical companies, and even insurance companies can be held liable for negligence in some cases. In the event of an error or omission, it’s important to seek legal counsel as soon as possible to determine who should be held responsible for any damages.

Can I File a Claim for a Loved One?

Yes, you can file a medical malpractice claim on behalf of a loved one who has been harmed due to medical negligence. Under South Carolina law, individuals must bring claims on behalf of their deceased loved ones within three years of the injury. In addition, those injured due to medical negligence have up to six years to bring a claim. It is important to note that the time frame for filing is much shorter for minor children.

Should I Contact a Lawyer?

When it comes to medical malpractice cases, it is always wise to consult with a qualified lawyer. They can provide you with information about local laws and regulations that may be relevant to your case. Additionally, they can help ensure that you receive the full compensation that you are entitled to as a result of any medical error or negligence. These types of cases can be very complex, so having a lawyer on your side can make a big difference in the outcome of the case. Furthermore, an attorney can help ensure that all documents and evidence are properly handled, reviewed and presented during the process.

If you have been the victim of a medical mistake or negligence, do not hesitate to contact a Columbia medical malpractice lawyer from Woron and Dhillon, LLC for help.