When someone goes to visit their doctor, they should feel confident that their medical provider knows what they are doing and that they will try their best to ensure a positive result. In fact, providing medical care that meets a national standard of care is a requirement under the law.
Despite this, medical malpractice still may occur. Negligence on the part of a medical professional can lead to misdiagnosis, botched procedures, or other incidents that result in significant harm. The doctors, dentists, and other medical providers who negligently cause these injuries are liable under the law to provide appropriate compensation to their patients.
An Orangeburg medical malpractice lawyer could help you if you have suffered harm because of inadequate and negligent medical care. Our personal injury attorneys at Whetstone Perkins & Fulda can take the necessary steps to protect your legal rights and seek out the fair payments that you deserve.
What is Medical Malpractice?
It is easy to assume that when a person has a negative experience with a medical provider that malpractice has occurred. However, this is not always the case. The law provides a strict definition of medical malpractice, and injured patients must be able to prove this concept to collect compensation.
Pursuant to South Carolina Code §15-79-110(6), medical malpractice occurs when a medical professional acts in a way that a reasonably prudent fellow provider would not. This means that a medical professional failed to provide care that met the acceptable standard in the medical community given the patient’s specific situation. A variety of incidents may indicate malpractice. These include:
- Failing to quickly and accurately diagnose a condition
- Not performing a medical procedure in the correct manner
- Improperly prescribing medication, either by type or dosage
- Not referring a patient to a proper specialist
An Orangeburg attorney could provide more information about medical malpractice and whether a person’s experiences appear to satisfy the legal requirements.
Working with Experts to Prove Medical Malpractice in Orangeburg
Because of the specialized nature of medical malpractice cases, the law states that only qualified experts are able to provide an opinion as to whether malpractice has occurred. Working with one of these experts is a prerequisite to start the lawsuit process. Pursuant to South Carolina Code §15-79-125(A), any person intending to bring medical malpractice lawsuit forward has an obligation under the law to submit a notice of their intent to sue.
A required part of this notice is an affidavit from a qualified medical expert. This notice must state that the expert has reviewed the facts of the case and is of the opinion that malpractice has taken place. An Orangeburg lawyer could help individuals to locate the experts necessary to demonstrate their medical malpractice cases.
Reach Out to an Orangeburg Medical Malpractice Attorney
Medical malpractice can result in some of the most devastating injuries that can impact every part of your life. A doctor’s failure to perform a routine procedure, inability to properly diagnose a condition, or hesitancy to refer you to a specialist can result in a variety of physical and mental health conditions.
If these doctors or other medical providers acted in a way that violated their duty of care under state law, they are likely liable for your losses. An Orangeburg medical malpractice lawyer could take the lead in helping you pursue your case for fair compensation. Call today to get started.