When you go to a doctor or other licensed healthcare provider, you are putting your health in the hands of another person. You expect that person to be properly trained and provide care that at least meets the standards of the medical profession. Unfortunately, sometimes medical providers make mistakes that should never happen.
The law office of Mark C. Tanenbaum, P.A., in Charleston, South Carolina, provides legal representation for those who have suffered a serious injury or lost a loved one due to medical negligence, commonly known as medical malpractice. We are dedicated to doing everything we can to hold doctors, hospital staff and other medical professionals accountable and get you the compensation you deserve.
What Is Medical Malpractice?
Not every medical injury or death is due to malpractice. Sometimes doctors and medical staff do everything they should, and the patient still has a bad outcome. As long as your care meets the standard of care for healthcare providers, the medical provider will not be considered to have committed malpractice.
However, if your doctor failed to meet the standard of care, and you were injured as a result, you may be the victim of medical malpractice. The following are examples of malpractice:
- Failure to order appropriate tests to diagnose injury or illness;
- Failure to diagnose a serious illness such as cancer or heart attack, despite observable symptoms;
- Surgical errors, such as damaging a healthy organ during an operation;
- Failure to monitor a patient for infection or other complications;
- Medication errors, such as prescribing or dispensing the wrong drug or the wrong dose of a drug;
- Birth injuries caused by failure to monitor the fetus, delayed cesarean section or other negligence; and
- Injuries caused by a nurse’s failure to properly and timely assist or monitor a patient.
How Do You Prove a Doctor Made a Medical Mistake?
When your lawyer assembles your malpractice claim, the strongest liability evidence will hinge on the mistake that led to your condition or complications. Our lawyers will retain an expert familiar with what a reasonable physician would have done under similar circumstances and offer detailed testimony from that medical expert that your treating physician failed to do so. For instance, if your doctor misdiagnosed your cancer, your lawyer will want to retain a cancer doctor who can talk about the mistake and the consequences of the missed diagnosis.
The Statute of Limitations for Filing a Medical Malpractice Claim
Each state has a deadline for filing a medical malpractice lawsuit against a doctor or healthcare facility. This is called the statute of limitations. Generally, the statute of limitations for medical malpractice lawsuits in South Carolina is three years from the date of injury or three years from the date of discovery of the mistake made, whichever is later. However, if your claim is against a government-operated hospital or a provider employed by the government, there is a two-year statute of limitations. As soon as you become aware of the injury, you should contact our medical malpractice lawyers for a case review.
What Damages Can You Receive in a South Carolina Medical Malpractice Lawsuit?
If you file a medical malpractice claim in South Carolina and win, you could receive some or all these damages:
- Economic damages, including past and future medical bills and past and future lost earnings
- Non-economic damages, such as pain and suffering, loss of enjoyment of life, and loss of consortium
- Punitive damages if the defendant’s actions were reckless or willful
Be aware that South Carolina has a cap on non-economic damages for medical malpractice cases. This cap is adjusted annually by the amount of the consumer price index. In 2023, each claimant can receive up to $545,869 in pain and suffering per defendant, and the compensation for a claimant cannot exceed $1,637,608 million for all defendants. In 2024, those numbers will be adjusted upward to account for the increased cost of living. You should consult a lawyer to discuss who a “claimant” can be.
How Can You Help Your Medical Malpractice Lawyer?
When you retain a medical malpractice lawyer, you can hand over all legal responsibilities and focus on your recovery and family. But you can support your lawyer during the legal process in several ways.
For example, avoid posting on social media because the insurance company will probably monitor your feeds. If you post that you just ran a 10k, for example, it could undermine your claim that you were injured because of a doctor’s mistake.
Also, follow your doctor’s advice and attend every medical appointment. If you don’t, you undermine your claim that you have an injury and deserve compensation.
What Qualifies as a Medical Malpractice Claim in South Carolina?
Medical malpractice occurs when a medical professional’s actions do not meet the “standard of care” and cause harm. The “standard of care” is what is reasonably expected of doctors, nurses, pharmacists, dentists, chiropractors, and physical therapists under the same or similar circumstances.
Note that not every mistake or poor outcome is medical malpractice. Only when the actions of the health care provider are outside the accepted standard of care can a medical malpractice suit be successful. This may sound ambiguous, so retaining an experienced South Carolina medical malpractice lawyer is critical. These cases are nearly always complex; proving medical malpractice takes tremendous legal skill and tenacity. But you can always rely on Mark Tanenbaum to fight for you and your loved ones.
Our Charleston Medical Malpractice Lawyers Can Help You
If you or a loved one suspects your medical provider committed medical malpractice, you should speak to an experienced Lawyer today. Mark Tanenbaum and his office will review your case at no cost, and if there is a legal path forward, they will provide the court and the defendants with a Notice of Intent to File Suit.
Call (843) 577-5100 for a free initial medical malpractice consultation, or complete our online form. Our lawyers represent injured parties in all parts of South Carolina, including Charleston, Berkeley, Dorchester, and Beaufort counties.