Medical malpractice is a serious offense in South Carolina and everywhere else. If you are the victim of medical malpractice, it is important to come forward and confront the at-fault party. That way, you can hold a healthcare provider responsible for their negligence and secure compensation for your losses.
At the Shelly Leeke Law Firm, we believe medical malpractice is inexcusable. For those who need legal help in a medical malpractice case, we can help. Our South Carolina personal injury lawyers will do what it takes to win or settle your legal claim in as little time as possible
How Medical Malpractice Is Defined in the United States
Medical malpractice occurs when a healthcare provider commits an act of negligence. Common reasons why people file medical malpractice lawsuits include:
- A healthcare provider did not provide a proper standard of care.
- A patient suffers an injury due to the fact that a healthcare provider was negligent.
- A patient experiences an injury as a result of a healthcare provider’s negligence, and the injury causes significant pain, a disability, or other long-term health issues.
Thousands of medical malpractice lawsuits are filed across the United States every year. Many of these lawsuits involve valid claims. Yet, people sometimes sue for medical malpractice if they are not satisfied with a healthcare provider, and their lawsuits are generally unsuccessful.
What It Takes to Prove You Are the Victim of Medical Malpractice in South Carolina
To get a successful outcome in a medical malpractice case, you must be able to prove the following:
- You suffered a personal injury.
- A healthcare provider did not deliver an expected level of care.
- You experienced your personal injury due to a healthcare provider providing an inferior level of care.
- You are the victim of a medical error that caused an injury that otherwise could have been prevented.
A South Carolina medical malpractice lawyer can help you decide whether to move forward with a lawsuit. The lawyer can take a look at your legal claim and offer a personalized recommendation on whether to file a lawsuit. If you want to sue a negligent healthcare provider, your attorney will help you submit your claim in alignment with South Carolina’s statute of limitations.
How the Statute of Limitations for Medical Malpractice Claims in South Carolina Works
In many instances, there is a three-year statute of limitations for medical malpractice lawsuits in South Carolina. If you suffer an injury due to a healthcare provider’s negligence, you have up to three years to sue for damages. Those who choose not to do so lose the chance to seek compensation for their injury.
The exception to South Carolina’s medical malpractice statute of limitations relates to lawsuits that involve state-funded medical institutions. If you want to file a medical malpractice lawsuit against one of these institutions, you have a maximum of two years to do so. No matter what healthcare provider you sue in South Carolina, you can seek economic and non-economic damages.
A medical malpractice attorney in South Carolina will make sure your lawsuit is filed in accordance with the state’s statute of limitations. After your lawsuit is filed, your attorney will start building your case. During this period, your lawyer will work diligently to help you craft an effective argument for your trial.
What You Need to Do to Settle or Win Your South Carolina Medical Malpractice Case
When it comes to a South Carolina medical malpractice case, patience is paramount. You may feel irritated and frustrated that a healthcare provider caused your injury. Regardless, you need to focus on what is most important: doing your part to present a compelling argument in court.
A medical malpractice lawyer in South Carolina listens to you and learns about your case. Your attorney makes no assumptions about who is right and who is wrong over the course of your litigation. Instead, your lawyer is exclusively focused on helping you get a fair amount of compensation from any at-fault parties.
Your lawyer will work with you to collect evidence and create an argument for your trial. This may require weeks or months to do. Meanwhile, your attorney remains committed to your case and will do what is necessary to help you win or settle it.
How a South Carolina Medical Malpractice Claim Gets Settled Before a Trial
If a defendant approaches you with a settlement for your South Carolina medical malpractice claim, be cautious. Even though accepting the settlement may seem like a great idea, doing so can be problematic. If you approve a settlement that is well below what you request in damages in your lawsuit, you risk losing out on compensation.
When you get a settlement offer, consult with a medical malpractice lawyer. At this point, your lawyer can review the offer and help you weigh its pros and cons. Your lawyer can explain what can happen if you accept or reject the proposal.
You are not obligated to accept any settlement offer. Therefore, if a settlement proposal is not what you expect, you can reject it without penalty. If a defendant comes forward with another settlement proposal before your trial, you can repeat the process of reviewing and deciding on it once again.
A Trial Can Determine the Fate of Your South Carolina Medical Malpractice Case
Trials can be stressful, even if you have the truth on your side in a South Carolina medical malpractice case. Your lawyer will allocate time, energy, and resources to prepare you for your trial. In addition, your attorney will encourage you to share any legal concerns or questions prior to your trial date.
Leading up to a medical malpractice trial, your attorney may ask you questions you could receive when you are on the stand. This can help you become more confident in responding to challenging questions. Plus, you can get the opportunity to consider how you will answer a wide range of questions during your trial.
Before your trial, stay in contact with your attorney. There is no such thing as a “bad” legal concern or question to share with your lawyer. If you keep the lines of communication open with your attorney, you can get plenty of help as you prepare for your trial.
Reach Out to a South Carolina Medical Malpractice Lawyer
The Shelly Leeke Law Firm has more than 10 years of experience with medical malpractice cases. We can help you seek damages against a negligent healthcare provider. To learn more or request a consultation, please get in touch with us today.
