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Providing Quality Legal Representation for Clients Harmed by Medical Malpractice
At one time or another, nearly everyone has had to seek medical attention due to an illness or other condition. When patients seek treatment from health care providers, they trust that they will receive quality care and adhere to professional standards.
Unfortunately, medical professionals often are negligent and provide substandard care they provide to patients, which can lead to individuals suffering additional health problems and, in some cases, resulting in death.
When a patient is the victim of medical malpractice, they often are left to deal with expensive medical bills and other related costs that are challenging for them to pay. When a loved one dies as the result of a healthcare professional’s mistake, the effects can be devastating for surviving family members. Our Columbia medical malpractice lawyers are dedicated to helping victims receive the financial compensation they deserve.
If you or a loved one suspects you have been the victim of medical malpractice, you must immediately hire an experienced lawyer. The South Carolina statute of limitations only allows medical malpractice victims a short period to file claims. Due to the legal intricacies involved with medical malpractice claims, hiring an experienced lawyer who will thoroughly evaluate your case is always best.
Contact the Law Office of Joshua P. Golson, LLC, located in Columbia, SC, to schedule a free initial consultation to discuss your case and learn how we can help.
What Does South Carolina Consider to Be Medical Malpractice?
South Carolina law dictates that medical malpractice occurs when the actions or inactions of medical professionals or healthcare facilities do not adhere to what other healthcare providers or facilities would do in the same or similar circumstances.
However, several legal aspects must be present to prove medical malpractice. These legal elements include:
- A doctor-patient relationship existed
- There are accepted healthcare professional standards exercised by other professionals in similar circumstances.
- The care provided by the medical professional varied from the accepted standard.
- The medical professional’s negligence was the direct cause of the injury.
Healthcare providers are frequently the targets of medical malpractice lawsuits, and their insurance companies often have to pay out large claims. That being the case, most medical malpractice insurance providers have legal teams whose only job is to look for ways to deny claims.
If you believe you have a medical malpractice claim, you must have skilled legal representation on your side. You can fight to ensure you are treated fairly by the insurance company. Our Columbia medical malpractice lawyers have extensive experience helping victims recover the fair compensation they deserve.
What is the Difference Between a Medical Error and Medical Malpractice?
Many individuals are still determining the differences between medical errors and medical malpractice and often incorrectly use both terms synonymously. However, there are distinct legal differences. Medical errors may occur during any stage of the medical treatment, from diagnosis to health management.
While it is true that medical malpractice can occur due to medical errors that result in negligence, not all errors can justify filing a malpractice claim. Even if a patient was harmed due to a medical error, it may not qualify for a medical malpractice action if the healthcare provider adhered to all professional standards.
Conversely, medical malpractice occurs when healthcare providers fail to exercise caution and adhere to the same professional standards that others would use given the same situation. Finally, the term medical negligence may also be used when describing malpractice actions
Understanding the legal complexities between medical errors and malpractice can be challenging to understand. If you need further clarification or are unsure if your case qualifies to file a claim, contact our law office to learn more.
What are the Most Common Causes of Medical Malpractice?
Although there are several reasons why medical malpractice may occur, several are cited more frequently than others. Some of the most common factors associated with medical malpractice cases include:
- Medication errors
- Anesthesia errors
- Surgical errors
- Operating on the wrong patient or wrong body part
- Inadequate monitoring of a patient after a procedure
- Doctors fail to order comprehensive tests, which can lead to a misdiagnosis
- Labor and delivery mistakes that can result in cerebral palsy or brain damage
Even though all types of medical malpractice cases can be dangerous to patients, one of the most fatal types involves delayed diagnosis in detecting a fatal disease. All too often, doctors fail to pursue comprehensive testing that can diagnose cancer or other potentially fatal illnesses. When medical providers fail to pursue further testing to determine an illness or disease, it may be enough to support filing a medical negligence claim.
Can I Count on Your Columbia Medical Malpractice Lawyer to Help Me Recover Compensation?
If you have suffered serious harm due to medical negligence, you have most likely incurred expensive medical bills and had to deal with unnecessary emotional distress. One of the most common concerns in personal injury cases involving medical malpractice is how they can recover compensation.
Many injured victims worry about the time and expense of going to court to resolve their medical malpractice claims. However, most people are unaware that most South Carolina medical malpractice claims are settled out of court.
When you come to the Law Office of Joshua P. Golson, LLC, for help, we will fight to help you recover compensation for economic and non-economic damages.
Economic Damages
Economic damages repay injury victims for money they have paid out of pocket due to their injuries. Common economic damages include:
- Medical bills and related expenses
- Lost income
- Loss of earning potential
Non-Economic Damages
Non-economic damages cover intangible losses that do not have a fixed dollar amount and are awarded based on the circumstances involved in the case and may include:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Permanent disfigurement and scarring
The amount of compensation you may be entitled to receive will depend on the severity of your injuries and other factors. If you are an injury victim harmed by medical negligence, contact our law office immediately and ask to schedule a free consultation with a qualified attorney.
How Long Do I Have to File a Medical Malpractice Claim in South Carolina?
Under most circumstances, the South Carolina statute of limitations to file a medical malpractice lawsuit is three years from the date of the procedure that caused the injury or the date that the injury was discovered or should have reasonably been discovered.
However, it should be noted that the statute of limitations is only two years for any medical facility funded by or partly by the state of South Carolina. There are specific exceptions to the three-year time limit that include:
- The malpractice occurred when the victim was a minor
- The victim did not discover the injury until the time limit had expired
- A foreign object was left in the body, possibly even shortening the time limit to less than two years
If you have been injured by medical negligence, it is critical that you speak with a knowledgeable medical malpractice lawyer who can help you file a claim. Although two to three years may seem like ample time to bring a claim, it can quickly pass by. Failure to file a claim within the allowed time limit can cause your case to be thrown out, and you will lose all legal recourse to recover compensation.
What Makes Your Law Firm the Right Choice to Represent Me in a Medical Malpractice Case?
South Carolina law stipulates that before a lawsuit can be brought, a Notice of Intent to File Suit and an affidavit from a medical professional attesting to at least one act of negligence must be submitted to the court.
At the Law Office of Joshua P. Golson, LLC, we work with independent medical professionals with specialized knowledge who can assist us with analyzing your medical records and ensuring that all legal details are handled correctly.
Our Columbia medical malpractice lawyers have comprehensive experience helping victims of medical negligence through all stages of the claims process. They have a proven record of obtaining favorable client results and are unafraid to challenge insurance companies and their legal representatives.
Whether you were given the wrong medication, or the healthcare provider failed to diagnose cancer in its early stages, our Columbia medical malpractice lawyer knows what it takes to obtain the justice and financial compensation you rightfully deserve.
Contact the Law Office of Joshua P. Golson, LLC, at our Columbia, SC law office at 803-882-3814 and ask to schedule a free no-obligation consultation to learn more about our legal services and how we can assist you.