Medical Malpractice Attorney Charleston

When you seek medical care, you place your trust in the hands of healthcare professionals, expecting the highest standard of care and expertise. With that trust comes responsibility. Medical errors and negligence can lead to devastating consequences, resulting in serious injuries, emotional distress, and financial burdens to patients and their families.

The law does not require doctors to be perfect; we accept that a doctor cannot simply wave a wand and heal a patient. However, the law does require that a doctor’s medical decisions be reasonable and meet what is known as the “standard of care” we are all entitled to expect from a medical professional. When a medical provider is negligent, and a patient is harmed, or loses their life, the patient may have a claim for medical malpractice.

We help patients who have been harmed as the result of:

• Errors and mistakes that occur during surgery
• Negligence by hospital staff
• A hospital-acquired infection
• Prescribing or administering the wrong medication
• Failing to diagnose a medical issue in a timely manner
• Failing to treat a medical condition promptly or appropriately

Examples of Medical Malpractice in Charleston

Medical malpractice encompasses a wide range of errors and negligent actions that can occur in any area of healthcare. Some common examples of medical malpractice cases that Duffy & Young handles include:

• Birth Injuries: Birth injuries are a type of medical malpractice that can occur during labor and delivery. These injuries can be caused by a variety of factors, including the misuse of forceps or vacuum extractors, failure to monitor the fetus properly, and delayed C-sections. Birth injuries can have serious, long-term consequences for both the mother and the child.
• Misdiagnosis or Failure to Diagnose: A misdiagnosis occurs when a healthcare provider fails to properly diagnose a patient, leading to an inappropriate care plan, delayed care, or no treatment at all. This can have a catastrophic impact on a patient. A delayed diagnosis occurs when a healthcare provider misses the warning signs and fails to determine a diagnosis in a reasonable timeframe, leading to a delay in treatment.
• Surgical Errors: Surgical errors are another common type of medical malpractice. These errors can occur during any type of surgery, and they can have a wide range of consequences, from minor infections to life-threatening complications. Some common examples of surgical errors include performing surgery on the wrong site, leaving surgical instruments inside the patient, and damaging healthy organs during surgery.
• Medication Errors: Medication errors can occur when a doctor prescribes the wrong medication, a pharmacist dispenses the wrong medication, or a nurse administers the wrong dosage. Medication errors can have serious side effects, and they can even be fatal.
• Anesthesia Errors: Anesthesia errors can occur when the anesthesiologist administers the wrong dosage of anesthesia, fails to monitor the patient properly during surgery, or does not properly manage the patient’s airway. Anesthesia errors can lead to brain damage, nerve damage, and even death.

Who Can Be Held Liable in a Charleston Medical Malpractice Case?

If you have suffered an injury because of medical malpractice, you may be able to file a lawsuit against the at-fault party. Any healthcare provider can potentially be held liable for medical malpractice, including:

• Doctors
• Nurses
• Physician Assistants
• Nurse Practitioners
• Hospitals
• Pharmacists
• Clinics
• Medical practice groups
• Nursing homes
• Dentists

The Charleston malpractice lawyers at Duffy & Young can help you determine which parties may be liable in your case and will work to hold them accountable for their actions.

Compensation in Medical Malpractice Cases

If you have been a victim of medical malpractice, you may be entitled to compensation for a wide range of damages, including:

• Economic damages: These damages compensate you for the financial losses you have suffered as a result of your injuries, such as medical expenses, lost wages, and the costs of your future medical care.
• Non-economic damages: Non-economic damages are intended to compensate you for the intangible losses you have suffered, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
• Punitive damages: In some cases, you may also be able to recover punitive damages. Punitive damages are not intended to compensate you for your losses, but rather to punish the defendant for their egregious conduct and deter others from engaging in similar conduct in the future.

It is important to note that South Carolina has placed a cap on the amount of non-economic damages that a plaintiff can recover in a medical malpractice lawsuit. However, there are no limits on economic damages in claims against private medical providers. The medical malpractice lawyers in Charleston, SC at Duffy & Young can help you understand the types of damages that you may be able to recover in your case and fight to get you the maximum compensation possible.

Contact a Charleston Medical Malpractice Lawyer Today

If you believe you or a loved one has been a victim of medical negligence, it is important to speak with a Charleston medical malpractice attorney as soon as possible. Medical malpractice cases are complex, and it is essential to have an experienced legal team on your side to protect your rights. The Charleston medical negligence attorneys at Duffy & Young can review your case and help you understand your legal options. Contact Duffy & Young today for a consultation.

Frequently Asked Questions

• What is medical malpractice?

Medical malpractice happens when a healthcare provider’s actions fall below the accepted standard of care, causing injury to the patient. This can involve a variety of errors and negligent actions, such as misdiagnosis or delayed diagnosis, surgical errors, medication errors, anesthesia errors, birth injuries, and failure to obtain informed consent.

• How do I know if I have a medical malpractice claim?

We strongly advise seeking legal counsel to determine whether you have a valid medical malpractice claim. Medical malpractice cases are complex and require medical expert testimony to establish the standard of care and prove that the healthcare provider’s negligence caused the injury. A qualified Charleston medical malpractice lawyer can evaluate your situation and advise you on your legal options.

• Who can be sued in a medical malpractice lawsuit?

Potential defendants in a medical malpractice lawsuit can include individual healthcare providers, such as doctors, nurses, dentists, and pharmacists, as well as institutions like hospitals, clinics, medical practice groups, and nursing homes. The specific parties liable will depend on the circumstances of your case.

• How long do I have to file a medical malpractice claim in South Carolina?

The statute of limitations for medical malpractice actions in South Carolina is generally three years from the date of the act that caused the injury. However, the time limit can be extended in some circumstances, such as when the injury wasn’t immediately apparent (the “discovery rule”). It’s crucial to speak with a Charleston medical malpractice attorney as soon as possible to avoid missing crucial filing deadlines.

• What kind of damages can I recover in a successful medical malpractice lawsuit?

If you win your lawsuit, you may be entitled to compensation for various damages, including:

• Economic damages: Medical expenses, lost wages, and the anticipated costs of your future medical care.
• Non-economic damages: Pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life.
• Punitive damages: Awarded in rare cases to punish the defendant for reckless or willful actions.