It can be difficult to tell if someone is a victim of medical malpractice in Greenville. To find out, it helps to consider if a medical provider delivered the best care possible. If the answer is no, and the medical provider caused you to suffer an injury, you may be eligible to file a medical malpractice lawsuit against this individual or institution.
The Shelly Leeke Law Firm helps people make sense of medical malpractice claims. If you are interested in learning more or want to file a lawsuit, reach out to our Greenville medical malpractice attorney. Our team of skilled Greenville personal injury lawyers are ready to step in and help take on the fight so you can focus on healing and recovery.
How a Doctor’s Error Can Lead to a Medical Malpractice Lawsuit in Greenville
Doctors must receive extensive training before they can administer care to patients. Yet, even the best doctors are prone to mistakes. In the event that a doctor is negligent and makes a mistake that causes an injury, the patient can hold this medical professional financially responsible.
There are several instances in which a doctor’s negligence can result in a medical malpractice lawsuit, and these include:
- A doctor misdiagnoses or fails to diagnose a patient’s health problem.
- A doctor prescribes the wrong dosage of medication to a patient or gives a patient the wrong medication.
- A doctor performs a surgical procedure on the wrong part of a patient’s body.
Following any of these instances and many others, it can be beneficial to seek out legal help from a Greenville medical malpractice lawyer. You can explain what happened to the attorney, and the lawyer can help you decide if now is the right time to sue. If so, the lawyer will take the necessary steps to file your lawsuit.
How Damages Are Awarded in a Medical Malpractice Lawsuit in Greenville
To request damages, you must file your medical malpractice lawsuit in accordance with South Carolina’s statute of limitations. Generally, people have up to three years from the date their injury occurred to sue a medical provider on the grounds of medical malpractice. Some exceptions apply, and a medical malpractice attorney in Greenville can explain these in detail.
In a medical malpractice lawsuit, you may be awarded any of the following types of damages:
- Economic: Economic damages are quantifiable, and they can include compensation for the costs of your medical treatments or any wages you lose due to your injury.
- Non-Economic: Non-economic damages are subjective, and they can consist of compensation for any emotional, physical, or mental pain and suffering you incur due to your injury.
- Punitive: Punitive damages are awarded by a judge or jury to deter an at-fault party from acting negligently once again.
There are no caps on the economic damages you can request in a medical malpractice lawsuit in Greenville. Comparatively, there is a $512,773 cap on non-economic damages you can request from a single care provider or institution. For punitive damages, the most you can be awarded is $500,000 or three times the total amount of economic and non-economic damages you receive — whichever amount is greater.
How a Medical Malpractice Lawsuit in Greenville Gets Underway
A medical malpractice lawyer in Greenville starts building your case right after your lawsuit is filed. It may be months or years before your medical malpractice case goes in front of a judge or jury. Regardless, your attorney works diligently to prepare your case and makes the most of the time available.
As your attorney prepares your case, you should expect to:
- Gather and review a wide range of evidence
- Connect with witnesses that can provide testimony that supports your claim
- Receive insights into the legal system
Your attorney can provide you with many resources on the legal process. Even though this process can be lengthy and complicated, your attorney serves as your guide every step of the way. On top of that, your lawyer is ready to answer any legal questions you have at any point in your litigation.
When a Defendant Will Offer a Settlement in a Greenville Medical Malpractice Case
A defendant may present a settlement offer before your case goes to trial if you have an abundance of compelling evidence. In this situation, the defendant may be inclined to propose a settlement rather than go through the trial process. Meanwhile, you can review a settlement offer and decide if it is in your best interest to approve it.
Your lawyer will notify you about any settlement proposals that come your way. Once you get a settlement offer, you have the following options:
- Approve the proposal, which closes your case and allows you to receive a fraction of the damages you initially requested
- Decline the proposal, which still keeps the door open for future settlement negotiations until your case goes to trial
- Counter the proposal, which gives the defendant the option to accept a proposal that lines up with your expectations
There is no benefit in accepting a settlement offer that does not provide you with an adequate amount of compensation. Instead, you should always aim for the maximum settlement possible. If a settlement proposal does not meet your requirements, you should not hesitate to reject it.
How to Identify the Best Lawyer for Your Greenville Medical Malpractice Case
Medical malpractice lawsuits can quickly escalate. If you have a top-notch attorney at your side, you are equipped to tackle any legal challenges that come up. Most importantly, your attorney can help you avoid such challenges altogether.
To identify the best attorney for your medical malpractice case, you should:
- Look for an attorney who has many years of relevant legal experience
- Find a lawyer who puts their clients front and center
- Identify a lawyer who values communication and collaboration
Schedule a consultation with a medical malpractice lawyer. This gives you the opportunity to share your legal concerns and questions with an attorney. You can then decide if a Greenville medical malpractice attorney has what it takes to handle your medical malpractice case.
Hire a Greenville Medical Malpractice Lawyer from the Shelly Leeke Law Firm
The Shelly Leeke Law Firm offers instant access to a friendly, knowledgeable medical malpractice lawyer. We can discuss your medical malpractice case and help you move forward with your lawsuit. To learn more or request a free consultation, please contact us today.