South Carolina Medical Malpractice Lawyers
When you visit the doctor’s office, a hospital, an emergency room, or any other medical facility, you have the right to expect that the treatment you receive will meet generally accepted standards. Hospitals and other medical organizations have a responsibility to hire qualified personnel and provide them with the resources they need to properly care for patients.
Unfortunately, due to incompetence, intoxication, inadequate procedures, and other issues, the level of care that patients receive frequently falls below the basic standard of care. Patients suffer from glaring lapses in professionalism that include surgeons who leave medical instruments inside a patient’s body, staff who drop patients on the floor when lifting them, and communication errors that cause patients to receive the wrong medication.
If you or a loved one was injured due to medical malpractice in South Carolina, contact the experienced trial attorneys at Leventhal Puga Braley P.C. Our firm has won landmark medical malpractice verdicts for our clients.
Leventhal Puga Braley P.C. is AV-rated by Martindale-Hubbell, an honor bestowed on lawyers with the highest ethical standards and legal ability. We have also been recognized by Super Lawyers for our attorneys having reached a high degree of professional achievement.
Founding attorney and partner Jim Leventhal is one of just 100 lawyers in the United States to achieve membership to The Inner Circle of Advocates, an invitation-only group comprised of the best plaintiff lawyers in the country. Members are renowned for their exceptional courtroom skills.
There is no charge for your initial consultation—call (877) 433-3906 to learn more today.
Medical malpractice is when a doctor or other medical professional fails to meet the standard of care recognized by their profession, and this negligent behavior causes a patient to be injured. The patient must have a professional relationship with a doctor for medical malpractice to occur.
To prove medical malpractice, your attorney must demonstrate that a doctor or another medical professional committed actions that deviate from what a reasonably qualified doctor or medical professional would have done in the same situation.
There are many types of mistakes that can seriously injure a patient, including communication errors, diagnostic errors, and physically mishandling a patient. Examples of medical malpractice include:
- Misdiagnosing an illness
- Using medical equipment without the proper training
- Leaving medical instruments behind after surgery
- Removing the wrong body part
- Failure to order necessary tests
- Providing unsafe or nonstandard treatment
- Failure to sterilize medical equipment
- Failure to order a timely C-section
- Performing unnecessary surgery
- Administering the wrong medication or dosage
- Failure to consider the patient’s medical history
- Working while under the influence of drugs or alcohol
- Improper use of birthing equipment, such as forceps and vacuum-assisted delivery
South Carolina has a number of legal requirements that must be met when filing a lawsuit for medical malpractice. The statute of limitations is three years from “the date of the treatment, omission, or operation giving rise to the cause of action, or three years from the date of discovery or when it reasonably ought to have been discovered.”
There is a six-year deadline from the date when malpractice occurred, but there are exceptions, such as when the patient is a minor, a foreign object was left inside the patient’s body, or when there was collusion that prevented the patient from finding out about the malpractice.
Before proceeding with a medical malpractice lawsuit in South Carolina, you must submit a notice of intent to file that states the basis for your case and identifies all care providers who will be named in the lawsuit. Your notice of intent must contain an expert affidavit from a qualified medical expert witness that describes at least one medically negligent action or inaction that occurred.
A qualified medical expert is someone who has the appropriate medical knowledge, skills, training, and experience. The court will hold a pretrial hearing to determine if the witness is an expert and whether the expert’s testimony provides sufficient grounds for proceeding with the case.
Any of the following parties may be held liable for medical malpractice:
- General physicians
- Hospital staff
- Medical technicians
- Nursing homes
- Pharmaceutical companies
- Physician’s assistants
- Manufacturers of medical equipment
- Distributors of medical products
- Specialists such as oncologists or OB/GYNs
Leventhal Puga Braley P.C. has an impressive track record when it comes to winning verdicts in medical malpractice cases. We will review medical records, interview witnesses, and collect the evidence we need to file a claim or lawsuit against anyone whose negligent behavior contributed to your injuries.
A medical malpractice claim includes the following types of damages:
- Current and future medical care
- Reduced quality of life
- Medical devices
- In-home nursing care
- Pain and suffering
- Loss of consortium
- Occupational therapy
- Reduced earning capacity
- Personal and spousal loss of income
- Wrongful death
Leventhal Puga Braley P.C. is dedicated to helping people who have been harmed by the careless actions of others. Medical malpractice is unacceptable, and we believe that if someone’s negligence or wrongdoing caused your injuries, they must be held accountable.
We understand that you are going through a difficult time, and we will always treat you with respect and compassion.
Call our South Carolina medical malpractice lawyers at (877) 433-3906 to learn more about your legal options today.