What Constitutes a Case of Medical Malpractice in South Carolina?

James Law Office, LLC

The last thing anyone expects when seeking medical treatment from a doctor is for the physician to make a mistake and harm them further. Unfortunately, this is something that happens far more often than any of us would like to think. If you were recently harmed by a physician, you may wonder if you have a valid case of medical malpractice. Please continue reading and reach out to a knowledgeable Darlington County, South Carolina medical malpractice lawyer from the James Law Office, LLC to learn more about these cases and how we can help you through the legal process ahead. Here are some of the questions you may have:

What Are Some of the Most Common Forms of Medical Malpractice?

Medical malpractice can take a variety of forms. Just some of the most common examples of medical negligence and malpractice are as follows:

  • Leaving surgical instruments in the body
  • Medication errors, like prescribing the wrong type or dosage of medication
  • Wrong-site surgery
  • Errors with anesthesia, such as the failure to monitor a patient who is under anesthesia
  • Errors during childbirth
  • Diagnosis errors

How Do I Prove a Case of Malpractice in South Carolina?

To prove your case, you will have to show evidence of several things. They are as follows:

  • First, you must prove that the physician in question was, in fact, your treating physician, which establishes a duty of care.
  • You must then prove that the physician in question breached that duty of care by taking an action that an otherwise competent and reasonable physician would not have.
  • From here, you must prove that the physician’s action (or inaction) was the direct cause of your injury.
  • Finally, you must prove that the injury sustained led to significant damages.

Our legal team can walk you through each step of the process in pursuit of the compensation you deserve and need to heal.

How Long Do I Have To File a Malpractice Claim?

In most cases, victims of malpractice will have three years from the date the incident of malpractice occurred to pursue legal action against the physician responsible. However, in some cases, the statute of limitations can be extended based on discovery, meaning if you didn’t discover the injury until a year after the act occurred, you will likely have three years from that date to file your claim instead. If you have any other questions or you want to speak with our firm about a potential case, contact us online or give us a call today.

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