Negligence in Columbia medical malpractice cases determines if a healthcare provider caused a patient harm in the course of their medical care. If a doctor breached their duty of care when treating you, you may be able to hold them liable for any damages they caused.
Our experienced medical malpractice attorneys at Whetstone Perkins & Fulda advocate for the rights of clients injured when their healthcare providers fail to uphold the standard of care. We work with medical experts and use our experience representing medical malpractice claims to help clients identify negligence and pursue compensation. Contact us today to schedule your consultation.
When Does Negligence Become Medical Malpractice?
Negligence is a legal term that describes the careless acts of another that cause you injury or harm. Unfortunately, doctors, hospitals, and other medical care providers are capable of being negligent in a patient’s care despite their training and skill. Pursuant to South Carolina Code § 15-79-110, medical malpractice occurs when a healthcare provider acts in a way that a reasonable healthcare provider would not or fails to act in a way that a reasonable healthcare provider would.
Negligence can occur at any point in the course of your medical care and establish a case for malpractice in Columbia. Healthcare providers who fail to obtain a patient’s medical history, gather important information during the intake process, or disregard a patient’s symptoms could engage in medical malpractice. Other situations that could equate to negligent medical care include:
- Failing to order diagnostic tests or body scans
- Delaying or missing a diagnosis
- Making surgical errors
- Recommending wrong or unnecessary treatments
- Prescribing an incorrect medication or dosage
- Failing to provide an accurate prognosis
- Providing inadequate discharge care notes
- Not seeking follow-up care for a patient
A doctor’s neglect can be difficult to identify and evaluate on your own. Additionally, pursuing a medical malpractice case requires filing an affidavit of an expert witness who can verify a reasonable basis for the claim pursuant to South Carolina Code § 15-79-125. Our attorneys work with trusted medical experts who could review your case for potential malpractice and confirm those findings in an affidavit.
Recovering Compensation
Beyond a doctor breaching the standard of care, their actions must have been severe enough to cause economic or non-economic damages. Examples of economic losses include incurring additional medical care expenses to correct a doctor’s mistakes or lost income from being unable to work. Compensation for non-economic damages often includes your pain and suffering or loss of enjoyment of life.
If a healthcare provider’s carelessness caused you injury or harm, you generally have three years to file a medical malpractice claim in Columbia, pursuant to South Carolina Code § 15-3-545. The period to file a claim could be as short as two years if your case involves a healthcare provider associated with a government entity. We could help you determine which damages you could recover and file a claim within the state’s deadlines.
Contact Us About Your Medical Malpractice Claim if You Received Negligent Care in Columbia
Proving negligence in Columbia medical malpractice cases is a difficult process to navigate alone. If you suspect your doctor of breaching their duty of care during your treatment, one of our attorneys at Whetstone Perkins & Fulda could protect your right to seek compensation. Contact our office today to schedule a free case consultation.
