Rock Hill Medical Malpractice Lawyer

You trust your doctor to care for your health. When you go to a hospital or other medical facility, you trust the healthcare providers to provide adequate care. What happens when a doctor or other medical provider causes you to be injured in Rock Hill, South Carolina?

Medical malpractice claims hold doctors and other parties accountable for their actions that cause you harm. Our top-rated Rock Hill medical malpractice lawyers stand up for your rights to obtain maximum compensation for your damages.

At Elrod Pope Accident & Injury Attorneys, our Rock Hill personal injury lawyers have over 150 years of combined legal experience. Our legal team has stood by and fought for the rights of injured parties in Rock Hill since 1980. We have recovered over $100 million for our clients since that time.

If you are the victim of a doctor’s error, call us today at 803-324-7574 to schedule a free consultation.

How Elrod Pope Accident & Injury Attorneys Can Help if You’ve Been Injured Because of Medical Malpractice in Rock Hill, South Carolina

How Elrod Pope Accident & Injury Attorneys Can Help if You’ve Been Injured Because of Medical Malpractice in Rock Hill, South Carolina

Medical malpractice can make a health condition worse. It can cause other injuries and harm that would not have occurred without the doctor’s negligence and errors.

Doctors and medical providers have a duty to provide a standard of care for their patients. When they fail in their duty of care, our Rock Hill personal injury lawyers work to hold them accountable for their mistakes and malpractice.

When you hire our award-winning medical malpractice lawyers, we will:

  • Thoroughly investigate your claim to determine why the medical malpractice occurred
  • Identify each party with potential liability for your damages
  • Retain leading medical specialists and other expert witnesses to work with us on your case
  • Calculate how much your case is worth after analyzing your damages
  • Aggressively negotiate a fair personal injury settlement
  • File a lawsuit and take the case to court to pursue the maximum compensation available for your claim

At Elrod Pope Accident & Injury Attorneys, we work diligently to protect our clients’ rights. Our attorneys have received top ratings and awards for their legal services. We have received awards and recognition from Super Lawyers, The National Trial Lawyers, the National Association of Distinguished Counsel, and the Multi-Million Dollar Advocates Forum.

Contact our law firm today to schedule your free case review with an experienced medical malpractice attorney in Rock Hill, SC.

What Is Medical Malpractice in South Carolina?

Medical providers and doctors owe a duty of care to their patients. That duty of care is relatively high because medical errors and mistakes can cause catastrophic harm to patients.

Medical malpractice is defined by South Carolina law as failing to use reasonable prudence when treating a patient. The standard of care is based on what a reasonably prudent healthcare provider would have done in the same or similar situation. 

In other words, the doctor or other medical provider failed to use the same level of care, skill, and knowledge generally expected from providers in similar situations.

Is Medical Malpractice Common in the United States?

Research indicates that medical malpractice is the third leading cause of avoidable deaths. Annually, medical malpractice is estimated to cause up to 440,000 fatalities. Studies show that about one out of every three doctors will be sued for medical malpractice during their careers.

Even though we have policies and procedures to protect patients, medical errors and malpractice continue. The problem may be more significant than we think. Many medical malpractice cases go unreported, so many more people may be injured because of medical malpractice.

Common Types of Medical Malpractice Cases in South Carolina

Medical errors and malpractice vary greatly. Medical negligence covers many types of cases, including but not limited to:

  • Failure to diagnose
  • Leaving foreign objects inside patients during surgery
  • Anesthesia errors
  • Delayed diagnosis
  • Emergency room errors
  • Birth injuries
  • Misdiagnosis
  • Mediation error
  • Dental Malpractice
  • Surgical errors

Our Rock Hill medical malpractice lawyers at Elrod Pope Accident & Injury Attorneys handle all types of malpractice claims. We’ll investigate your claim to gather evidence to build a solid case for damages. Our legal team aggressively pursues all responsible parties and sources of compensation.

Proving Liability for Medical Malpractice in Rock Hill, SC

Injured patients have the burden of proof in a medical malpractice case. They must have evidence proving each legal element of malpractice by a preponderance of the evidence. The elements of medical malpractice are:

  • You have a doctor-patient (healthcare provider-patient) relationship, which creates a legal duty of care
  • The medical provider breached the duty of care by failing to provide an acceptable standard of care
  • The medical provider’s conduct directly and proximately caused your injuries
  • You sustained damages because of medical malpractice

Medical malpractice cases require hiring medical specialists to offer expert testimony. A medical expert describes the standard of care for your situation. They also explain how the doctor’s actions or inactions deviated from the standard of care. Finally, you need experts to tie the doctor’s actions or errors to the cause of your injuries.

Potentially Liable Parties in a Rock Hill Medical Malpractice Claims

The parties responsible for your damages depend on the circumstances in your case. Parties who could be liable in a medical malpractice case include, but are not limited to:

  • Primary care doctors and physicians
  • Hospitals and medical facilities
  • Nurses and nurse practitioners
  • Specialists
  • Emergency room physicians
  • Pharmacists and pharmacies
  • Urgent care facilities
  • Chiropractors
  • Anesthesiologists
  • Dentists

Multiple parties could be liable for your damages. For example, your treating physician and the hospital could be liable. Likewise, a nurse practitioner and their employer could be liable for damages caused by medical malpractice.

What Damages Can I Receive for a Medical Malpractice Claim in Rock Hill, SC?

When another party causes your injuries, you can seek damages from that party. The court cannot undo the harm you suffered, but it can help you hold the at-fault party liable for financial losses and suffering.

South Carolina medical malpractice laws allow patients to seek compensatory damages for the harm and loss caused by a negligent healthcare provider. Compensatory damages include both economic and non-economic damages.

Economic damages compensate you for your monetary losses and expenses. They include:

  • Doctor’s bills, hospitalizations, surgeries, therapies, and other medical bills
  • Loss of income and benefits, including future reductions in earning capacity and lost wages
  • Out-of-pocket expenses, including household services and personal care
  • Long-term nursing care and in-home nursing care

In addition to reimbursement for financial losses, you can also seek compensation for your pain and suffering damages. These damages are referred to as non-economic damages. They include:

  • Loss of enjoyment of life
  • Mental anguish
  • Disfigurement and scarring
  • Emotional distress
  • Physical discomfort
  • Diminished quality of life
  • Impairment and disability

South Carolina also allows punitive damages in some cases. These damages do not compensate the victim for losses. Juries award punitive damages to punish a defendant for specific types of behavior. You must prove that the medical provider’s conduct rose to the level of gross negligence, intentional misconduct, or fraud to recover punitive damages for medical malpractice.

Our attorneys review all damages in your case to determine the maximum value for your claim. We assess the factors in your case that could impact its worth and work to utilize those factors to increase the amount you receive for your medical malpractice claim.

What Is the Deadline for Filing a Medical Malpractice Claim in South Carolina?

A statute of limitations is a law that sets a deadline for filing a lawsuit. If you do not file a lawsuit before the time expires, the court can dismiss your lawsuit.

Generally, you have three years from the injury date to file a medical malpractice lawsuit in South Carolina. However, the deadline may begin with the date you should have reasonably discovered the injury. If you lost a family member because of medical malpractice, the deadline to file a wrongful death claim is three years from the date of their death.

Some exceptions to the statute of limitations for medical malpractice lawsuits could change the deadline. It is best to seek legal advice as soon as you suspect medical errors and mistakes could be the cause of your injuries.

Schedule a Free Consultation With Our Rock Hill Medical Malpractice Lawyers

We understand that you have been through a traumatic experience. It may be difficult for you to trust that a professional has your best interests as their top priority. However, our legal team at Elrod Pope Accident & Injury Attorneys puts you first as we fight to get you the money you deserve and need.

Call us today to schedule a free case review with an experienced Rock Hill medical malpractice attorney. Our premier injury lawyers fight to hold negligent doctors and medical providers accountable for the harm they caused you and your family.