South Carolina Medical Malpractice Lawyer
If you’ve been harmed by a healthcare provider’s mistakes or carelessness, the experienced South Carolina medical malpractice lawyers at Farah & Farah are ready to help you hold them accountable. Call us today at (864) 448-1959 for a free consultation.
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Table of Contents
Why Should I Trust Farah & Farah Attorneys With My South Carolina Malpractice Case?
How Can a South Carolina Medical Malpractice Lawyer Help Me?
What Damages Can I Recover for a Medical Malpractice Claim in South Carolina?
What Makes Medical Malpractice Cases Difficult To Prove?
Common Types of Medical Malpractice Cases We Handle
How Do I Know if I Have a Valid Medical Malpractice Case?
How Long Do I Have To File a Medical Malpractice Lawsuit in South Carolina?
Let Us Help You With Your South Carolina Medical Malpractice Claim
Medical professionals are tasked with protecting our health and safety when we are most vulnerable. When you’re injured in a healthcare setting because of a doctor’s negligence, it can feel like a devastating betrayal.
At Farah & Farah, we understand the situation because we have experience in this type of case. Our trusted South Carolina medical malpractice lawyers are dedicated to supporting you through the legal process as we pursue the compensation you deserve.
Why Should I Trust Farah & Farah Attorneys With My South Carolina Malpractice Case?
Farah & Farah has been helping people like you for over 45 years, providing team-oriented, client-first representation when you need it most. We help level the playing field against large hospital and healthcare systems, giving our clients the legal firepower to fight back and hold powerful organizations accountable.
Our dedicated South Carolina attorneys, such as Paul Rathke, live and work in the communities they’re committed to serving. When you work with us, you’ll gain an entire team of trusted lawyers and staff who work hand in hand to meet your needs, keep you updated, and secure the compensation you deserve. Plus, you won’t pay us anything unless we win.
How Can a South Carolina Medical Malpractice Lawyer Help Me?
Our South Carolina medical malpractice lawyers will walk you through each step of the legal process, meticulously building a strong case that will give you the best chance at successfully recovering compensation. Services we provide include:
- Investigating the incident and gathering evidence
- Consulting with medical experts to identify malpractice
- Handling communications and settlement negotiations with insurers
- Filing a medical malpractice lawsuit and going to court if necessary
Our team will collaborate to support you personally throughout your case and beyond, including helping you find appropriate medical treatment if needed.
What Damages Can I Recover for a Medical Malpractice Claim in South Carolina?
Medical malpractice victims can seek to recover both economic and non-economic damages resulting from their healthcare provider’s actions. Economic damages cover the financial losses, while non-economic damages compensate for the subjective impacts on your quality of life.
In a medical malpractice case, you can generally seek compensation for the following damages:
- Medical bills and future treatment expenses resulting from malpractice
- Lost wages
- Diminished future income
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
Punitive damages are also available in rare cases when there is clear and convincing evidence that the healthcare provider’s conduct was willful, wanton, or reckless.
What Makes Medical Malpractice Cases Difficult To Prove?
You must establish the following four key elements to succeed in a medical malpractice case:
- The medical provider owed you a duty of care as their patient.
- The provider breached that duty by failing to meet the accepted professional standard of care.
- The provider’s breach of duty caused your injury.
- Your sustained compensable damages.
Medical malpractice cases require testimony from a medical expert witness to establish the standard of care and how the healthcare provider’s actions deviated from it.
“Discovery in a medical malpractice lawsuit also consists of written interrogatories, requests, reproductions of documents, and depositions of the defendant, doctors, nurses, hospitals, and experts involved in the case.”
Are There Special Rules in South Carolina for Medical Malpractice Claims?
Under South Carolina Code Section 15-79-125, to pursue a medical malpractice lawsuit, you must file a Notice of Intent to File Suit that includes a written opinion by a medical expert witness. The opinion must explain why, in the witness’s professional opinion, the subject of the lawsuit likely committed medical malpractice.
South Carolina’s medical malpractice laws also require that the parties attempt to resolve the matter through mediation before going to court. That mediation must occur within 90 to 120 days of serving the Notice of Intent.
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Common Types of Medical Malpractice Cases We Handle
The Farah & Farah team handles a wide range of medical malpractice cases. Common types of claims we see include the following:
- Preventable complications: A doctor may order a treatment that aggravates an allergy or reacts with a medication the patient is already taking.
- Delayed imaging or tests: A medical provider may unreasonably delay ordering a key test, leading to a poor treatment outcome or prolonged suffering.
- Medication errors: Prescribing the wrong medication, giving an incorrect dosage, or administering a prescription to the wrong patient can have deadly consequences.
- Misdiagnosis: No doctor is correct on the first try 100% of the time, but missing a diagnosis that would be reasonably clear with due diligence can delay key treatments and cause significant harm.
- Foreign objects: When a surgeon carelessly leaves equipment or other objects inside a patient, it can lead to significant complications.
Even if your case doesn’t match any of the above situations, you may have a valid malpractice claim. Our South Carolina medical malpractice lawyers can help analyze your circumstances and explain your legal options.
How Do I Know if I Have a Valid Medical Malpractice Case?
Not every unsuccessful treatment or foreseeable complication qualifies as medical malpractice. In some circumstances, a doctor can do everything correctly and still fail to achieve a favorable outcome for their patient. A medical injury becomes malpractice when it’s caused by a provider’s reckless, careless, or neglectful actions.
Months or even years can pass before you discover you’ve been harmed by medical malpractice. If you notice any of the following warning signs, consult a South Carolina medical malpractice lawyer to learn whether you have a claim:
- Doctors and staff repeatedly dismiss your concerns, despite worsening symptoms.
- You’ve received conflicting explanations for what happened.
- Another doctor believes your treatment was atypical.
- You weren’t asked for your informed consent before a procedure.
- You feel like you were given excessive treatment for your diagnosis.
What Should I Do if I Suspect Medical Malpractice?
If you believe you’ve been harmed by medical malpractice, taking immediate action will give you the best chance of holding a negligent provider accountable and securing the compensation you deserve.
Steps to take at the beginning of a malpractice claim include:
- Gather and preserve evidence. Request any available medical records. Take notes about any particular experiences you remember that might relate to your case.
- Get a second opinion. An evaluation by an independent doctor can ensure you get the treatment you need while providing key evidence to support your malpractice claims.
- Speak with a trusted lawyer. An experienced South Carolina medical malpractice attorney can review your case, determine whether you have a valid claim, and advise you of your next steps.
How Long Do I Have To File a Medical Malpractice Lawsuit in South Carolina?
In most circumstances, the South Carolina statute of limitations for medical malpractice lawsuits is three years. However, if you did not discover your injury until after it was inflicted, the three-year deadline will instead start on the day you uncovered it. Later discovery is relatively common in malpractice cases, as those responsible for medical malpractice aren’t always quick to admit their errors. Even in cases where the injury is found later, there is a hard deadline of six years from when the malpractice occurred.
South Carolina Code Section 15-3-545 includes a specific exception for cases involving foreign objects left in a patient during surgery. In that circumstance, the victim must sue within two years of when a foreign body is or should reasonably have been discovered, but no later than three years after the procedure.
If you’re concerned you’ve missed a filing deadline, a legal professional might still be able to help you file a claim.
Let Us Help You With Your South Carolina Medical Malpractice Claim
Many victims of medical malpractice are uncertain whether they have a valid case. If you’re confused and don’t know how to proceed, you’re not alone. The trusted South Carolina medical malpractice lawyers at Farah & Farah will evaluate your case and advise you of your rights and legal options.
Contact us online or call (864) 448-1959 today to schedule a free consultation.
South Carolina Personal Injury
South Carolina Medical Malpractice
2541 N. Pleasantburg Drive, Suite R, Greenville, South Carolina 29609
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