Medical malpractice can cause a victim to suffer immense physical pain and suffering and may put a burden on the victim’s financial situation with additional medical bills. If you or a loved one has experienced this, you may be able to pursue legal compensation for the damages you have incurred.
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At Roden Law, our Charleston medical malpractice attorneys have many years of combined experience helping injury victims.
Learn more about your potential options by contacting our firm for a 100 percent free, no-obligation consultation. We are prepared to review your situation and determine the best course of action for you to take. Our services are provided on a contingency fee basis, which means there are no upfront costs. We only get paid if we succeed in obtaining compensation for you.
Call us today to get started at 1-844-RESULTS
If you believe you may be a victim of a medical malpractice case and are seeking immediate guidance, explore our complimentary checklist.
Am I Eligible to Pursue Compensation?
Medical malpractice cases are complicated and difficult to pursue without the experience and knowledge of a licensed attorney. During a free consultation, we may be able to determine that you are eligible to pursue compensation by evaluating the four elements needed to prove a medical malpractice case. These elements include the following:
- A patient and doctor relationship existed – You must prove your health care provider agreed to diagnose or treat your condition. By agreeing to this, your health care provider becomes responsible for providing a basic standard of care and acting in a reasonable manner that would prevent you from suffering harm.
- The health care provider acted in a negligent manner – Next, we must show that your physician failed to provide care that met accepted standards in the medical community.
- You suffered an injury as a result of the negligence – We must be able to prove that your injury was the direct result of your doctor’s negligent actions. If your doctor handled the situation differently, you would not have suffered an injury.
- You incurred damages because of your injury – The last element to prove is that you suffered damages because of your health care provider’s actions. This could be additional medical costs, lost wages from missing time at work, or physical pain and suffering.
Your attorney must establish these factors to have a valid medical malpractice case. You can find out more by getting in touch with our firm today. Our team may be able to determine that you are eligible to pursue compensation and walk you through the stages of building a strong case.
Set up your free consultation at your earliest convenience at 1-844-RESULTS.
What Is My Medical Malpractice Case Worth?
Each medical malpractice case is different, so it may be difficult to put an exact value on your claim without knowing the specific circumstances of your situation. It typically depends on the severity of the victim’s injury and the time he or she is expected to make a full recovery.
If you have a viable case, you may be able to recover the following forms of compensation:
Economic Damages
These damages are the financial losses the victim incurs because of malpractice. Generally, these losses can be proven with receipts and other documentation. These losses may include:
- Additional medical expenses
- Costs of corrective surgery
- Physical therapy
- Rehabilitation costs
- Hospital stays
- Medical equipment
- Prescription medication
- Cost of transportation to appointments
- Lost wages from missing time at work
- Loss of earning capacity
- Funeral and burial costs
Non-Economic Damages
These damages are generally more difficult to prove as they reflect the pain and suffering the victim has faced during and after the medical malpractice occurred. These losses may include:
- Physical pain and suffering
- Mental pain and suffering
- Loss of quality of life
- Loss of enjoyment of life
- Emotional distress
- Loss of companionship
It is important to note South Carolina places a cap on non-economic damages in medical malpractice cases. If the claim is against one health care provider, the cap is $350,000. If your claim is against more than one health care provider or institution, the total amount of non-economic compensation recovered from all plaintiffs cannot exceed $1,050,000.
Punitive Damages
Punitive damages are rarely granted but may be awarded if the at-fault party’s actions were extremely severe or intentional. These damages are meant to punish the at-fault party for his or her negligent actions and set an example to others to dissuade them from acting in a similar way.
Keep in mind that in South Carolina there is a cap on punitive damages that must not exceed three times the amount of the compensatory damages or $500,000, whichever amount is larger.
Find out how much your claim is worth by contacting our legal team today.
How Can an Attorney from Roden Law Help?
Pursuing a medical malpractice case is complex and time-consuming. Often, victims of these kinds of cases are occupied with their health and trying to recover from the physical pain and suffering they are experiencing. Dealing with a lawsuit on top of trying to recover can delay the healing process by adding more stress to a victim’s life.
That is why it is beneficial to work with an experienced Charleston medical malpractice attorney who has thorough knowledge of medical malpractice laws in South Carolina. For example, before filing a lawsuit, you are required to file a Notice of Intent to File Suit with the court. This document explains why you want to file a lawsuit and states who you want to sue. You are also required to file an expert affidavit, in which a medical expert witness explains how the other party committed at least one medically negligent action. After these filings, both parties must engage in mediation and attempt to resolve the situation before going to court.
These are just a few examples of the kinds of things an attorney can manage on your behalf. At Roden Law, our attorneys have detailed knowledge of the steps in a medical malpractice case.
If you are eligible to pursue compensation, we are ready to do a thorough investigation of the accident, bring in experts to strengthen your case and take other steps to aggressively pursue maximum compensation.
The insurance companies and attorneys for the at-fault party may use a variety of tactics to try to devalue your case or get it denied or dismissed. Our attorneys are aware of these tactics and the know-how to combat them. We have detailed knowledge of how to value medical malpractice claims and how to negotiate for the full amount.
Learn more about how we may be able to help you by contacting us. We are available 24/7 to set up a free consultation whenever you are ready to discuss your situation.
Is There a Time Limit to Pursue a Medical Malpractice Case?
South Carolina adheres to a statute of limitations, which sets a deadline for filing a medical malpractice claim. Medical malpractice claims must generally be filed within three years from the date of the incident that caused the injury. There may be an exception if you did not immediately discover the injury. In this situation, the three-year clock does not start to run until the date you reasonably should have discovered your injury. For example, you may not immediately discover an object was left inside of you during surgery.
However, it is important to note it is often difficult to prove you did not or could not have been expected to know of an injury. That is why it is important to contact a lawyer right away. You want to give your attorney as much time as possible to file a case.
How Do Medical Malpractice Accidents Happen?
There are many reasons why medical malpractice happens, including:
- Poor communication – There are many people involved in the medical community who must communicate a patient’s needs to avoid medical errors. For example, medical staff must keep track of a patient’s medical records and note when the medication was given and the proper dosage. Mix-ups could cause a patient to suffer severe injuries.
- Fatigue – Medical staff is required to work long and intense hours. When a health care provider lacks sleep, this could cause confusion, slow reaction time and may delay his or her problem-solving skills.
- Operating while under the influence – A medical professional under the influence of drugs or alcohol may not be in the best position to make important choices on another person’s health. Serious mistakes are likely to occur if the medical professional is not sober.
- Disorganization – A disorganized clinic or hospital is likely to result in medical malpractice. For example, there may be confusion about a patient’s treatment, allergies or medication.
Call Roden Law today to speak to an experienced attorney at 1-844-RESULTS.
Common Forms of Medical Malpractice
Medical malpractice can happen during any stage of a patient’s treatment. Here are some common examples of medical malpractice that often result in serious injuries:
- Failure to treat a patient
- Failure to properly diagnose a patient’s condition
- Surgical errors: performing surgery on the wrong body part, leaving a piece of medical equipment inside the patient, etc.
- Delayed diagnosis
- Birth injuries
- Preventable infections
- Failing to obtain informed consent
Contact Our Charleston Medical Malpractice Lawyers Today
At Roden Law, we understand how difficult this situation may be for you and your family. Doing what is in our clients’ best interests is our priority. If you have a valid case, we are prepared to handle every step of the legal process on your behalf and will be there to guide you through the hardships of it all.
We welcome the opportunity to review your claim during a risk-free, no-obligation consultation. We do not charge for our services unless we recover compensation. There are no fees to discuss your potential claim or while we work to build your case.