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.
Thomas E. Pope is a Personal Injury, Wrongful Death, and Medical Malpractice Attorney who practices in Rock Hill, Lake Wylie, and Lancaster, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 31 years now. Thomas E. Pope believes in protecting the injured. Learn more about his experience here.