North Augusta Medical Malpractice Lawyers

Medical malpractice is a term that has to do with the negligence of a medical care professional that leads to injury to a patient. If you have been seriously injured at the hand of a medical care professional, you deserve compensation through a medical malpractice claim. Our North Augusta medical malpractice lawyers are here to help you get everything you deserve out of your case. After you have read a bit about your case, please call our office as soon as possible to get a free initial consultation to go over the details of your case. Let us help you get the compensation you deserve.

Helping Victims of Negligent and Abuse by Medical Care Professionals

When you file for a medical malpractice case in North Augusta, SC that might mean several things might have happened to you that fall under the category of medical malpractice. There may have been an error by your medical care professional, or you may have been intentionally abused, or neglected. When you bring a medical malpractice case, you need to have a strong, dependable, and skilled North Augusta medical malpractice lawyers who know what they are doing.

These cases can be truly complicated, and they require the skill of someone who is highly experienced. Our North Augusta medical malpractice lawyers have what it takes to get the job done and fight for your fair and full compensation. We will fight the liable party’s insurance company to get you what you deserve. We have a proven track record of providing successful outcomes for our clients and we want to provide that for you too.

We cover medical malpractice cases including:

  • Misdiagnosis
  • Emergency room errors
  • Hospital errors
  • Surgical errors
  • Pharmaceutical errors
  • Obstetrician malpractice
  • Undiagnosed conditions or failure to diagnose
  • Failure to treat

If you have been harmed by a medical care professional who was negligent or careless, you would be able to bring a medical malpractice case to get compensation for your injuries and damages. You may be suffering injuries that affect you for the rest of your life and we want to make sure that you are getting compensation for this, since this all could have been avoided had your medical care professional acted differently.

7 Tips for a Successful Medical Malpractice Case

7 Tips for a Successful Medical Malpractice Case

South Carolina Medical Malpractice Statute of Limitations

When you are bringing a medical malpractice case, you need to know that you are going to be given a deadline that limits how long you have to bring this case. Every personal injury case is limited in time, but medical malpractice works slightly differently in South Carolina. This is for one main reason. You may not know that you are a victim of medical malpractice until a good amount of time passes. The general statute of limitations for a personal injury case is three years in South Carolina; however, since you may not be able to determine if you are a victim right away in medical malpractice, the statute of limitations doesn’t work the same way.

For example, if you have been operated on and a few weeks later you have a bad infection that needs to be operated on again, you might later find out that during the first operation they left a piece of gauze behind in your body. Or you may be taking your medication for some time and not be getting better or be suffering new side effects to discover that you were given the wrong medication or the wrong dose.  For that reason, you are given three years from the date that you discover or should have reasonable discovered that there was medical malpractice.

We strongly encourage you to get to a medical malpractice lawyer right away to get the guidance that you need to start building your case. The sooner you get to a lawyer, the less they are pressed for time when it comes to building you a strong case. If you wait too long and miss your statute of limitations, you will be barred from receiving compensation.

Frequently Asked Medical Malpractice Questions

Should I give a recorded statement about my medical malpractice claimShould I give a recorded statement about my medical malpractice claim?

I was recently contacted by a woman in South Carolina who was the victim of medical malpractice, and the insurance carrier for the facility where the malpractice occurred had already reached out to her. They wanted her to give a statement over the phone, in which she would describe what happened, what type of injuries she had, and what she was going through medically. She wanted to know if that was a good idea. The response to that is, no, it’s not a good idea. I can’t really imagine a context in which it is a good idea for anyone to, on their own, attempt to give a statement to any type of insurance carrier. It’s just not a good idea.

You really need to have a trial attorney who has experience in handling medical malpractice cases. You want to have that attorney with you at the time you give any type of statement, because there’s nothing good that will come from you attempting to give a statement on your own. Things will get misrepresented, maybe not intentionally, but they’ll still get misrepresented. You want to make sure that you have an experienced medical malpractice attorney with you when you do give that statement.

If anyone out there has been the victim in a medical malpractice case, please give our office a call. We’d be more than happy to answer any questions you might have.

How long does it take to resolve a medical malpractice claim?

I recently spoke to a woman in North Augusta whose husband was the victim of medical malpractice at a local hospital. Her question was, “How long is the process?” My response to that is it depends. Medical malpractice cases are more complicated than other types of cases. They do tend to take longer than other types of cases.

The factor that really matters the most, or one of the most important factors, is how badly injured the person bringing the medical malpractice case is. What type of injuries do they have? How long will it take for them to get better? When will they reach what’s called maximum medical improvement? When will they get to the point they are in just as healthy of a state as prior to the medical malpractice itself, or when are they going to know that they’ve actually gotten as good as they’re ever going to be? Those factors really guide how long a medical malpractice case takes.

On the other side, you have to figure out how reasonable the insurance carrier is. How reasonable is that insurance carrier? Some insurance carriers are more reasonable in their evaluation of medical malpractice claims, and other ones put up a more vigorous defense that requires more extensive litigation.

There are a couple of different factors that are involved in the length of any medical malpractice case. If anyone out there has been the victim of medical malpractice or has a family member who’s been the victim of medical malpractice, please give our office a call. We’d be more than happy to answer any questions you might have.

How long do I have to file a medical malpractice claim in North Augusta?

We were recently contacted by a man from South Carolina who was the victim of medical malpractice. One of his first questions was regarding how much time he had to bring a lawsuit against the hospital for the medical malpractice. In South Carolina, medical malpractice is treated similarly to other personal injury cases in the sense that you have three years to file a lawsuit resulting from the negligence of a doctor, nurse, or hospital in any type of medical malpractice context.

In South Carolina, however, there is also a rule called the discovery rule. That means that the statute of limitations technically does not start to run until you knew or should have known of the medical malpractice itself. This is because, often, in medical malpractice cases, the malpractice itself doesn’t manifest until months or sometimes years later. That’s the reason that the discovery rule is there. It allows the person to bring the claim within three years of the date that they are deemed to have actually known or that they should have known that there was actual malpractice.

Additionally, in South Carolina, no matter what, there is a statute of repose. The statute of repose is actually a cut-off. No matter what, you cannot bring a malpractice case in South Carolina more than six years after the last occurrence of the actual malpractice. Also, in South Carolina, the way they interpret that is that, often, particularly in terms of misdiagnosis case, there might be many different occurrences that give rise to the malpractice. If you’re treating with a doctor on a regular basis, there might be many different occurrences, so, typically, that statute of repose is measured from that last occurrence.

In any event, I think that it’s important for anyone who has been the victim of medical malpractice to go ahead and, as soon as possible, contact an attorney. Find a medical malpractice attorney who is a trial attorney, who has experience in prosecuting medical malpractice cases, an attorney who will work with you and guide you through the process of presenting the claim and going through the litigation process, if necessary.

If anyone out there has been the victim of medical malpractice, please give us a call. We’d be more than happy to answer any questions you might have.

Can I file a medical malpractice claim if I was injured due to medication errorsCan I file a medical malpractice claim if I was injured due to medication errors?

I recently spoke with a woman from North Augusta who was injured at a local hospital as a result of her being given the wrong medication. Her first question was about whether she actually had a case or not. The first question really is, what are your injuries? If you haven’t been injured as a result of taking the wrong medicine, then, no, you really don’t have a case. If you have been injured, then, yes, you do have a case. In that case, someone did mess up. Either it was the doctor who wrote the wrong prescription or the pharmacist who actually filled the prescription incorrectly. Sometimes, it can be both the pharmacist and the doctor who are held responsible because both parties have responsibilities, in terms of their practice, to ensure that people do not get prescribed the wrong medication.

I would urge anyone out there who has been the victim of any type of misfilled prescription, or anything related to being given the wrong medication, to go ahead and contact, as soon as possible, a competent experienced trial lawyer, a lawyer who has handled medical malpractice cases in the past and who has experience not only in the context of medical malpractice cases, but in handling cases involving misfilled prescriptions and incorrect medications.

If anyone out there has been victimized by this, please give our office a call. We’d be more than happy to answer any questions you might have.

What mistakes should I avoid in my medical malpractice case?

A few months ago, we spoke to a man in North Augusta who was the victim of medical malpractice at a local hospital. In going through the facts of the case with him, I noticed that he had made a very big mistake early on. That mistake was waiting a very long time to hire an attorney. In this case, he’d waited months before getting an attorney involved. The reason that it’s important to go ahead and get a trial attorney involved as soon as possible in a medical malpractice case is that these cases are more complicated. They take longer to prosecute. They’re more fact-intensive. You have to have RNs and doctors who are able to go through medical records to be able to determine whether or not the entity – the nurse, the doctor, or the facility – to which you’re alleging negligence actually did in fact breach the standard of care. That takes a good deal of time.

You want to make sure that you have an attorney who is competent, who has handled medical malpractice cases in the past, who has taken medical malpractice cases to trial, and who knows the process in and out. If anyone out there has been the victim in a medical malpractice case, please give our office a call. We’d be more than happy to answer any questions you might have.

What should I consider when selecting a medical malpractice lawyer?

I recently spoke to a man in Aiken who had been the victim of a medical malpractice event at a local hospital. One of his first questions was, “How do I go about finding an attorney to represent me in a medical malpractice action?” The response to that is that medical malpractice case are different from other types of personal injury actions, primarily because medical malpractice cases require expert testimony. In order to file any type of lawsuit in South Carolina, you have to actually find a doctor who has practiced in the field in which you are alleging your negligence. You have to find a doctor who can actually give an affidavit that states that the hospital or the other physician breached the standard of care.

You want to find an attorney who has experience in handling medical malpractice cases. You want to find an attorney who has developed relationships with medical experts. You want to find an attorney who has the resources to see a medical malpractice case through. Medical malpractice cases are very expensive to prosecute. You have to pay a doctor to go through the process with you, basically, and this can cost a lot. It’s a time-consuming and complicated process, as well, so you want to have a trial attorney who has handled medical malpractice cases in the past, who has filed lawsuits on medical malpractice cases in the past, and who has gone to jury trials on medical malpractice cases.

If anyone out there has been the victim of medical malpractice, please give us a call. We would be more than happy to talk to you.

Will my medical malpractice case go to trialWill my medical malpractice case go to trial?

I recently spoke with a man from North Augusta who was the victim of medical malpractice, and one of the first questions that he asked was, “Are we going to have to go to a trial?” The answer to that is that it really depends on some different factors.

The first factor, really, is going to be the reasonableness of the insurance company. If the insurance company is a credible insurance company that is convinced that they have a claim that they need to go ahead and settle, then there is a good chance that you’re not going to have to go through the process of an actual trial. Many insurance companies, however, will attempt to wait out the person who’s bringing the claim. They’ll drag it out as long as possible, and they’ll force that person to go through extensive litigation.

That’s why it’s important, early on, in any type of medical malpractice case, for a person who’s been the victim of malpractice, to go ahead and get a competent trial lawyer who’s had experience in handling medical malpractice cases, who can show you the results of those medical malpractice cases, and who will vigorously prosecute your case and push your case along, even in the face of an insurance company that is attempting to stall at every step.

If anyone out there has been the victim of a medical malpractice event, please give us a call. We’d be more than happy to answer any questions you might have.

Please Call Our North Augusta Medical Malpractice Lawyers Today

Have you or someone you love been harmed by a medical care professional? Please call our office today to set up a free initial consultation with our North Augusta medical malpractice lawyers. We are eager to hear about your case and get to work for you. Your case is important to us and we want to get you the compensation that you deserve.

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