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Medical Malpractice

The Floyd Law Firm PC > Practice Areas > Practice > Medical Malpractice

Medical Malpractice

At the Floyd Law Firm, we stand ready to assist you with the challenges of reporting and filing your medical malpractice case. We have years of experience in guiding clients through the documentation and court process, and we will do whatever we can to help you.

If you or a loved one was a patient who has been injured, harmed, or sickened due to the actions of a medical professional or medical service provider – it may fall under the realm of medical malpractice law. When a medical practitioner does not provide proper medical care, or fails to competently perform their duties, it is of immense concern. In extremely unfortunate cases, the medical harm may result in the death of the patient. If there is any evidence of injury, you will need to explore all of your legal options with a trusted attorney right away.

Floyd Law Firm medical malpractice attorneys provide experienced guidance for all facets of medical malpractice litigation.

If you strongly suspect that medical malpractice has occurred or is occurring, relay your concerns to your loved ones, and speak to other medical staff. When you have reason to believe that medical neglect or wrongdoing has happened, please keep detailed notes, and contact us at The Floyd Law Firm for information about the legal assistance that you may need. An experienced attorney committed to the legalities of medical malpractice continues to pay close attention to any changes in legislation that may affect your case. It can be a very stressful time for you or your loved ones, and we will help you plan legal action that is most appropriate for your situation. You and your family will be able to rest easy knowing that you have trusted legal support from knowledgeable experts.

Causes related to a medical malpractice case may include:

  • Anesthesia Errors or Improper Administration
  • Childbirth Injury
  • Emergency Room Malpractice or Negligence
  • Hospital Malpractice
  • Improper Medical Treatment or Care
  • Informed Consent Negligence
  • Medical Negligence
  • Nursing Home Medical Malpractice
  • Prescription Drug Errors and Pharmaceutical Injury Claims
  • Surgical Errors
  • Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose

The requirements needed for any medical malpractice case include:

  • Documentation that a care connection or relationship existed between the patient and the medical professional
  • Noted proof or evidence that the medical professional was negligent
  • A medical expert’s statement of what treatment would have been correct and more reasonable
  • Evidence that negligence or error likely caused the injury
  • Medical expert testimony of the negligence
  • Noted damages directly caused from the harm such as: physical pain, disability, mental anguish, medical bills, and lost wages

Medical malpractice in South Carolina

In most states, special medical malpractice review panels are required to be notified upon any suspected medical complaint. In South Carolina, the Board of Medical Examiners is notified via the SC Department of Labor, Licensing and Regulation. The plaintiff or patient’s representative needs to submit a complaint claim to be reviewed by the malpractice review panel. This review panel reviews the stated evidence, considers any expert testimony provided, and then determines if any malpractice appears to have occurred.

Upon receipt of the complaint, if jurisdiction is established, a thorough investigation is conducted to determine whether a violation has occurred. If a violation of the practice act is found, the respondent may be offered a consent agreement, or a hearing may be held before the Board to resolve the findings of the agency’s investigation.

Although this action is between the State and the Respondent, the complainant should be prepared to testify, as requested, at a hearing before the Board if the matter has not been otherwise resolved. The complaint will be dismissed by the Board if a violation is not found or the case does not present evidence that would sustain a legal procedure.

Complex medical malpractice laws exist mainly to protect doctors in most states

It is very helpful that you speak to a knowledgeable medical malpractice lawyer prior to starting your claim, as they can discuss the requirements with you and help you determine if you have a chance to obtain compensation for yourself or your loved one.

The decision of the medical review board is not a substitute for an actual medical malpractice lawsuit, and no damages or compensation will be awarded by the board. The results may be presented in court, and if the the board found no evidence of actual medical malpractice, the court will likely dismiss the case before it can go to trial.

A notice of intent to file suit is necessary to provide to the court and to all of the medical professionals who may be a part of your case. An expert witness for your claim will need to prepare a document that details the negligent care that your physician or healthcare provider gave, and how their decisions caused the injury.

Testimony from at least one qualified expert is a requirement for a trial, but not needed in certain circumstances such as obvious surgical errors or blatant disregard of a known medication allergy that results in serious harm to the patient.

A lot of medical malpractice cases are able to be settled out of court, and as a result, many states have enacted laws that promote the use of alternative dispute resolution to resolve cases prior to them reaching the trial stage of litigation. In SC, the parties involved must participate in mediation governed by procedures established by the South Carolina Circuit Court Alternative Dispute Resolution Rules. This means participation in binding arbitration, nonbinding arbitration, early neutral evaluation, or other similar forms of alternative dispute resolution.

If those involved in the medical malpractice lawsuit are unable to reach a settlement, the case can proceed to civil court – beginning with a civil action via filing a complaint with the SC clerk of the court. The filed complaint needs to show the exact names of each defendant, name of each plaintiff, statement of all of the facts, and the demand for relief. A civil summons – signed by the clerk of court – is also needed, as it notifies the court and each defendant that the lawsuit is being filed. The summons and the complaint are delivered to all of the named defendants in the lawsuit. The defendants have to respond to the complaint and the summons within thirty days. Once the complaint, summons and the defendant’s answer have been filed in the court, the discovery process begins to allow for disclosure between both sides of the case. The medical records and doctor’s notes are also requested for the disclosure.

Medical Malpractice Law Damage Awards

There are medical malpractice damage caps in South Carolina. This limits the amount of monetary compensation that one would receive in a malpractice suit. Residents of the state may only be awarded up to $350,000 from a single medical provider for non-financial losses, and up to $1.05 million in the event that more than one party is involved in the case.

Becoming injured due to the negligence of a trusted medical practitioner is a most difficult experience for anyone. The loss of a loved one’s life is the worst case scenario leading to a medical malpractice case. At the Floyd Law Firm, we understand how stressful and worrisome any medical situation can be for you or for your family. Seeking compensatory damages is a compassionate act when it comes to getting the care that you, or your loved ones, need and deserve.

Meant to help those return to the financial position that would have been viable had the injury or death never occurred, compensatory damages are merely a part of medical malpractice litigation. Damages are categorized as financial or non-financial, or economic and punitive.

Economic damages are sought in order to reimburse the victim or their family for the out-of-pocket things that affected them – such as the medical bills, the prescription costs, nursing care costs, bills for physical therapy, lost wages from being unable to work, legal fees, or funeral costs.

Punitive damages, or non-economic damages, help to compensate the victims for the occurrences that are typically not of firm financial value. In South Carolina, one needs to meet the burden of persuasion before a court would consider to award for punitive damages. State law requires proof of convincing and clear evidence that the defendants’ actions were reckless or willful, and that the damages are real and deeply felt. The non-financial damages can include: future medical expenses, mental anguish, suffering, household services, loss of consortium, loss of enjoyment, and future lost wages that could have been earned if the situation did not occur.

Medical Malpractice Attorneys serving Surfside Beach, Myrtle Beach and throughout South Carolina

At the Floyd Law Firm, we stand ready to assist you with the challenges of reporting a claim of medical malpractice or medical negligence. We will do whatever we can to guide you through the documentation and court process. Any harm done to oneself or a loved one is a most difficult situation for the victim and for their family and friends. It is a time of sadness, frustration, and even anger. Medical negligence or malpractice is to be taken very seriously and the findings may constitute a criminal offense. Whether within a hospital, a nursing home, or any other medical practice setting – injury caused under the care of a medical professional is to be fully investigated.

If you, or someone you care about, has been neglected, injured, or died in the care of a medical provider – an attorney with experience regarding medical malpractice cases can help. The Floyd Law Firm PC will work with you to ensure that the full force of the law is brought to bear on those responsible for such treatment.

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