Medical malpractice can destroy lives. The purpose of damages in Columbia medical malpractice cases is to compensate you or your family for what you lost and what you now have to pay for. As experienced medical malpractice attorneys, our team at Whetstone Perkins & Fulda works with clients to determine the right claims for them. Contact us today to schedule your consultation and learn how we can support your family.
When Survivors and Families Can Sue for Medical Malpractice
Healthcare workers and institutions owe a duty of care to their patients. Breaching this duty can injure a patient and cost them not just money but long-term health. After an injury like this, you could have a claim for damages against your healthcare provider.
If you lost an immediate family member, you may be able to pursue your loved one’s claim for damages in a survival action or claim your own losses in a wrongful death action. Only some relatives have a right to damages from wrongful death, including spouses, children, or parents. When none of these people are living, damages may belong to anyone who would inherit, pursuant to South Carolina Code § 15-51-20. The estate has to file this lawsuit.
A medical malpractice attorney in Columbia can ensure you have the right to pursue damages. The South Carolina statute of limitations requires a patient to sue within three years, or two years if a government agency provided the healthcare. The law does have some exceptions, especially to allow suits for children and for hidden injuries, pursuant to S.C. Code §§ 15-3-545 and 550. But even then, time is limited.
What Do Damages Pay For?
In Columbia, you can generally claim money damages both for what you lost and for the pain you suffered as a result of medical malpractice, often referred to as economic and non-economic damages.
There is no limit on economic damages. These compensate for measurable losses, past and future, such as medical bills, lost income, and funeral expenses. The damages should also pay for specialized care, future earning potential, and any other reasonable expenses that result from a medical malpractice injury case.
Non-economic damages are for losses that are real but immeasurable. A survivor of medical malpractice might claim damages for pain and suffering, humiliation, and mental anguish. A bereaved relative could claim damages for loss of their loved one’s companionship. South Carolina law does limit noneconomic damages for medical injuries.
How Attorneys Calculate a Medical Malpractice Claim
You should give your attorney all the relevant documents and evidence for a medical malpractice claim, including:
- Medical invoices and bills
- Durable medical equipment and home health costs
- Costs for a child’s specialized daycare or education
- Pay stubs, tax returns, and other evidence of lost earnings and income
- Bills for childcare or domestic help that you would not have needed otherwise
- Journals, letters, and photos that can show your emotional losses and suffering
Your Columbia attorney could use these materials to calculate your economic and non-economic losses in your compensation claim for medical malpractice.
Discuss Your Damages Claim with Our Medical Malpractice Lawyers in Columbia
To prevent frivolous lawsuits, South Carolina law makes it challenging to pursue a medical malpractice claim. The law requires arbitration and expert witnesses, and your health insurer may seek a good portion of your damages claim.
To navigate the process with confidence, reach out to an attorney who knows how to seek the right damages in Columbia medical malpractice cases. Contact our team at Whetstone Perkins & Fulda as soon as you can and schedule your first appointment with us.
