Medical Malpractice Attorney in Charleston

There are many different forms of evidence that can be helpful for a successful medical malpractice claim. These can include things like medical bills for corrective procedures to address the injuries and paycheck stubs to prove the amount of income you've lost while being unable to work due to your condition. Medical evidence can include prescription records, lab reports, treatment plans, doctors' and nurses' notes, and more. 

You have a right to access your medical records and grant authority to your attorney to gain access. You should not be charged for these records or be denied access because of nonpayment. However, you may have to pay a small amount for the cost of copies and postage. You may have to access your records through several providers such as physicians, labs, and specialists.

Often, a medical malpractice claim will require the testimony of physicians who can speak to your injuries and relay to a jury why the medical professional who injured you failed to live up to the required standard of care. This type of witness is known as an expert witness. Fortunately, because of Morgan and Morgan's extensive experience with medical malpractice claims, we have a network of expert medical witnesses who can lend their authority to our client's cases. In South Carolina, you are not required to file an affidavit or certificate of merit as you do in many other states to file a medical malpractice complaint. Instead, expert witness testimony is presented in the case of a trial proceeding. 

Your own testimony can be helpful if you can describe your injuries and how the harm has impacted your ability to enjoy your life and any pain and suffering you've endured. Testimony from friends and family can also be beneficial if they can describe how your injuries have affected you.

Many states have laws that can impact your ability to sue individuals who get paid by the State and its municipalities. This is known as sovereign immunity. However, the South Carolina Torts Claims Act has in part waived this immunity if a state-employed physician or dentist caused your injury. Still, liability is limited to $250,000 for any claim. 

The majority of Charleston, South Carolina medical malpractice claims will be settled out of court because South Carolina law requires parties in a medical malpractice dispute to go through mediation before going to trial. There are a few forms of alternative dispute resolutions, such as binding arbitration and nonbinding arbitration. At any point, a settlement can be agreed upon, and usually, this is when it happens. Our medical malpractice lawyers will be straightforward and tell you if you are getting a fair settlement. However, suppose we feel the other party's insurance company isn't offering you a reasonable settlement. In that case, we'll push for more or take it to trial. The final decision is always up to you. 

A Complaint and a civil Summons are required to initiate a case. The other party is informed, and they have 30 days to respond. The next step is the discovery process, which lets both parties know what to expect during the trial. You should anticipate that you’ll answer questions from the defendant's lawyers during a deposition and provide documentation. You should also expect to have physical or mental examinations. 

During the deposition phase, you will have our expert legal guidance on how to answer questions, and we will make objections if we feel any questions are out of line. Once all admissible evidence is decided upon, either a judge or a jury will hear each side's arguments and review the evidence. 

Once both sides have finished entering evidence for review and testimony has been presented, both sides will enter into closing arguments where we explain what we believe our evidence proves. Finally, a judge will give the jury instructions where they will then deliberate and come back with their decision.

Suppose the trial is not successful for our client. In that case, we may appeal to a higher court where they will review everything to make sure the trial was fair and the laws were applied properly. An appeal must be applied for within 30 days of the lower court's decision.

Many times a hospital or its employees can be held liable for medical malpractice. Here are some common examples of negligence in the medical field. 

• Failure to diagnose an injury or illness
• Misdiagnosis of an injury or illness
• Unneeded surgery
• Wrong-site surgery
• Surgical errors
• Improper medication
• Improper dosage of medication
• Poor follow-up or aftercare
• Failure to recognize symptoms
• Disregarding patient history
• Failure to order the right testing
• Premature discharge of a patient

Hospitals can also be negligent because of their hiring practices if they fail to do adequate vetting of their staff. For example, suppose they hire a doctor with a history of negligence or incompetence. In that case, the hospital could be held liable if this doctor causes a patient harm. Another example would be if they hired a doctor with known alcohol or drug issues.

A hospital, clinic, or administration could also be liable if they have inadequate staff. Understaffing can easily lead to patient harm or worse.  

Some instances of medical malpractice are more common than others. Here are the most common malpractice claims:

Misdiagnosis or delayed diagnosis - When a mistake is made during diagnosis, the patient can suffer terrible harm because they are not receiving the kind of treatment they need for their condition. This may happen for a variety of reasons, such as incompetence by the physician or lab mistakes. A delay in treatment or the wrong treatment can even lead to death.

Failure to treat - If a doctor fails to order the proper tests, doesn't provide a patient with the right follow-up care instructions, or releases a patient too soon from care, this can be labeled as failure to treat. 

Medication errors - Giving a patient the wrong medication can have effects such as allergic reactions, but giving a patient the wrong medication could lead to death in some instances. Mixing medications that shouldn't be mixed can have devastating consequences. Even a pharmacist's error could lead to a medical malpractice claim.

Surgical errors - A severe form of harm could happen during surgery if the surgeon performs the wrong operation, surgery on the wrong body part, or surgery on the wrong patient. There a procedures medical staff should adhere to so that these kinds of errors don't happen. 

Childbirth injuries - When mistakes are made during or after childbirth, it can have negative consequences for the baby and mother. Whether failing to perform a C-section when needed or applying excessive force to remove the baby from the birth canal, this is generally considered medical malpractice.  

Medical malpractice lawsuits are among the most challenging civil cases to pursue. Only about 37% of medical malpractice cases are actually won. Of course, this only applies to lawsuits. 61% of suits are settled out of court. It's challenging to win a medical malpractice lawsuit because while juries may be sympathetic to your harm, they also realize how difficult a physician's job can be. There are no absolutes when it comes to medical care. 

That's why it's critical for your case to have merit. Your lawyer must prove very clearly that your physician failed to measure up to the reasonable standard of care. The mistake needs to have been avoidable. But for the physician's, nurse's, or medical staff's negligence, you wouldn't have come to harm.

To have the best outcome for your medical malpractice claim requires securing the best possible legal counsel. You don't have to pay more for the best, so that's why we feel a Morgan and Morgan attorney would be your best chance for success. We don't pressure prospective clients into using our services. We like to think our track record speaks for itself. In the last 35 years, we've recovered billions for our clients. We have over 1,000 trial-ready lawyers at Morgan and Morgan, many of whom specialize in medical malpractice claims. 

Experience matters, especially when you have so much on the line. It makes no sense to go with a lawyer who doesn't have a successful record of winning medical malpractice lawsuits. You can depend on our lawyers to handle your case with compassion but with the objectivity required to make analytical decisions that will boost your chances of presenting a winning claim. Contact us at any time for a free and confidential case evaluation.