Text Us!

When Doctors Cause Damage: Medical Malpractice In South Carolina

Posted on

You have no doubt heard many times that the first rule of being a doctor is for that doctor to do no harm. But what happens if the doctor makes a mistake? This is, depending upon the degree of error, called medical malpractice, and it can be very painful and difficult experience both physically and financially.


Medical Malpractice Basics


When a doctor or other healthcare provider in South Carolina injures a person, that person can sue in court to recover damages. The standard to determine whether or not a doctor is negligent is the answer to the following question: did the doctor, when treating the patient, use a standard of care below that of which other professionals would use? The law judges your doctor’s actions and treatment against the average doctor providing the typical standard of care you would expect from a doctor.


Types of Medical Malpractice


There are several different types of events that can lead to a malpractice lawsuit. One of them is when a pharmacist makes an error filling prescriptions. Sometimes a doctor might diagnose you improperly. Other times a doctor might delay treatment unreasonably or even fail to totally treat an illness or disease. One of the most heartbreaking types of malpractice is injuries that occurred to newborn babies during the birth process.


Who Is Responsible?


In South Carolina, doctors, nurses, dentists, surgeons or any other health professional can be sued for providing negligent care. You may also be able to sue the hospital, the clinic, a nursing home and other medical care centers. It is oftentimes very difficult to determine the correct party to sue or to determine whether you have sued all parties who are or could be responsible for your injury. That is why it is so important to contact Elrod Pope Law Firm, which is comprised of experienced medical malpractice attorneys in South Carolina.


Virtually all healthcare providers maintain insurance that could cover all or part of a malpractice claim. In South Carolina, you only have three years from the date of the injury or three years after the injury was, or should have been, discovered to file a medical malpractice action. The earlier date determines when the statute of limitations applies. This can be tricky. One thing to be aware of: you may not bring a claim if more than six years have passed after the date of the injury even if you discover your injury after this time. The only exception to this rule are minors, who must file their claim either one year after their 18th birthday or within seven years after the negligent act, whichever comes earlier.


There are no caps on potential damages in South Carolina related to medical malpractice cases. These types of cases can become very complicated and time-consuming. It is very important to have an experienced Rock Hill medical malpractice attorney on your side who can navigate you through the justice system and get you the best results possible. At Elrod Pope Law Firm, we have the experience and the compassion necessary to fight for the justice you deserve.


Do not delay –  contact us now and speak to one of our attorneys.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.