Every day, unsuspecting patients are harmed by medical errors. Liability in Walterboro medical malpractice claims depends on whether the healthcare professional breached the applicable standard of care. In order to recover compensation, you must prove your medical provider’s care fell below this standard.
Anyone hurt by a doctor or healthcare professional’s malpractice can recover their losses and costs related to treatment. When you experience harm because your doctor failed to diagnose or properly treat you, contact a medical malpractice attorney for assistance.
Examples of Medical Malpractice
A deviation from the standard of care in the healthcare setting is the basis of any medical malpractice claim. When a doctor, nurse, or other professional is negligent, they can seriously harm patients, requiring them to undergo additional treatment. However, just because a treatment was unsuccessful, or a doctor was wrong about something does not mean they deviated from the standard of care. Liability for medical malpractice can arise from:
- Misdiagnosis of disease or illness
- Delayed diagnosis
- Failure to treat a condition
- Surgical errors
- Birth injuries
- Failure to order proper testing
- Transplant errors
- Problems with anesthesia
Injured patients should reach out to an experienced Walterboro attorney to determine who could be liable in a medical malpractice claim.
Proving Liability for Medical Malpractice
Liability for medical malpractice arises in specific circumstances. Someone seeking compensation for professional negligence must prove:
(1) a doctor-patient relationship existed;
(2) a medical professional breached a standard of care;
(3) this negligence caused an injury;
(4) this injury led to tangible damages. The burden of proving these elements rests on the patient.
In medical negligence cases, patients need strong evidence of their claim. To prove liability, an injured patient can rely on medical bills and pay stubs to prove their expenses and expert testimonies from professionals about the extent of the injury and whether the medical provider deviated from the applicable standard of care. A Walterboro lawyer could work with potential plaintiffs to gather evidence of liability in a medical malpractice claim.
Limitations on Liability for Medical Malpractice in South Carolina
In medical malpractice cases, patients can seek compensation for their medical care, lost income, pain and suffering, emotional trauma, and other losses. State law also allows family members of someone who passed away due to a medical professional’s negligence to recover compensation through a wrongful death action.
There are limitations to keep in mind for medical malpractice cases. First, patients have only three years to file their claim. Second, damages for noneconomic losses are capped at around $500,000 for a case against a single care provider or institution and at $1,500,000 when there are multiple liable parties. A Walterboro attorney could ensure an injured patient proves liability and meets the requirements for a successful medical malpractice claim.
Hire a Walterboro Attorney for Help Proving Liability in a Medical Malpractice Claim
When you are injured due to a healthcare professional’s negligence, it is crucial that you contact a lawyer with proven experience handling these types of claims. Doctors and other medical providers are held to the utmost standard for a reason. When they breach this duty of care, they can and should be held responsible. Our legal professionals could advocate for the compensation you deserve.
Our attorneys have years of experience representing clients in medical malpractice cases. We understand what it takes to prove liability in Walterboro medical malpractice claims and could use our skills and knowledge to support your case. Call today to schedule your legal consultation.
