Seeking medical care is an act of trust. You rely on the doctors, nurses, and other healthcare professionals to provide proper treatment, maintain their equipment, and comply with medical guidelines.
Unfortunately, medical errors happen. When they do, they can lead to devastating consequences for the sufferers, their family members, and—when they lead to death—their survivors.
When you or a loved one has suffered due to a healthcare provider’s breach of the standard of care, you may have a medical malpractice case. A Myrtle Beach medical malpractice lawyer can evaluate the events and give you an overview of your rights and remedies. Call Whetstone Perkins & Fulda today to speak with a compassionate personal injury attorney.
Understanding Medical Malpractice
When a healthcare provider’s actions—or failure to act—result in harm to a patient because they breached standards of care, it is medical malpractice. To establish a valid medical malpractice claim, the injured party must establish the following:
- The existence of a doctor-patient relationship
- A breach of the standard of care
- Injury from the breach
- Damages as a result of injury
South Carolina’s statute of limitations (SOL) to file a lawsuit for medical malpractice cases is generally three years from the date of injury or from the date the person discovered—or reasonably should have discovered—the injury. However, if the medical provider is associated with a government entity, the deadline can be as short as two years.
Waiting too long can lead to you losing the right to seek compensation. Proving medical malpractice requires extensive investigation, medical expert testimony, and a thorough understanding of state laws. Working with a Myrtle Beach medical malpractice attorney at Whetstone Perkins & Fulda can help you establish your claim.
Common Medical Malpractice Claims
Medical negligence can take many forms, but some of the most common types include the following:
- Misdiagnosis
- Delayed diagnosis
- Improper treatment
- Lack of necessary care
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
While any procedure can lead to medical errors, childbirth, and cosmetic surgeries are familiar sources of error. Additionally, failure to diagnose people—particularly with potentially terminal progressive diseases like cancer—is common in medical malpractice.
Identifying Malpractice
Any patient who experiences unexpected symptoms like fever, swelling, pain, or nausea after a medical procedure should seek immediate medical treatment. If a provider does not take concerns seriously or tries to minimize the complaints, it is essential to get another opinion. If harm results, it may be considered malpractice.
Forms of Compensation
If medical negligence caused an injury or worsened an existing condition, a Myrtle Beach lawyer who handles medical malpractice claims could help you get the compensation you deserve, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of earning capacity
- Wrongful death
The state caps non-economic damages in medical malpractice cases. However, these caps change each year. An injured party must consult an attorney for up-to-date information on the caps on potential recovery amounts.
Talk to a Myrtle Beach Medical Malpractice Attorney
Medical malpractice cases are complex, requiring a combination of legal experience, medical knowledge, and aggressive advocacy. The Myrtle Beach medical malpractice lawyers at Whetstone Perkins & Fulda take a strategic approach to handling malpractice claims.
We conduct thorough investigations to gather evidence—including consulting with top medical experts to establish negligence. Once we thoroughly understand your claim, we negotiate with insurance companies to secure fair settlements. When a fair settlement is impossible, we fight for justice by litigating your case.
Schedule a case evaluation to learn more about your rights and remedies after a medical injury.
