Understanding Medical Malpractice: Your Rights and Legal Options
When you allow a healthcare provider to treat your physical condition or that of a loved one, you expect that the provider and their staff will perform every task with the attention to detail and level of competence that you deserve. Unfortunately, errors, negligence, and poor judgment on the part of medical providers or staff can result in serious injuries, complications, and even death. If you or a family member suffered harm as the result of inadequate medical care, you may be eligible to file a medical malpractice claim. At J Davis Law PC, we offer experienced, caring legal counsel to individuals and families throughout the South Carolina medical malpractice litigation process.
Medical Malpractice Defined
Medical malpractice refers to the failure of a physician, nurse, hospital, or clinic to act in accordance with the standard of care. The standard of care is defined as what a reasonably prudent and skilled medical professional would have done in similar circumstances. Surgical error, misdiagnosis or increased delay in diagnosis, medication errors, birth injuries, anesthesia errors, and a failure to obtain informed consent are all forms of medical malpractice. To file a successful claim for malpractice, the victim must show that the healthcare provider strayed from the accepted standard of care, and this deviation caused them harm.
The Medical Malpractice Litigation Process at J Davis Law PC
Prosecuting a medical malpractice action is often time-consuming and expensive, but the team at J Davis Law PC is ready to walk you through the process step-by-step – so that you understand where we are in every stage of your claim, and to give you the best shot at a successful result. Our typical process looks like this:
- Private Consultation. We answer your questions while gathering information relevant to what happened to you. Medical records will be reviewed, along with an initial assessment of your claim’s merits.
- Case Investigation. Your attorney Jim Davis will work with medical experts, partner investigators, and accident reconstruction experts to gather further evidence while assessing causation and damages.
- Expert Review. South Carolina law requires a qualified medical expert to provide an affidavit opining in support of your claim before a lawsuit can be filed. Our team finds and works with top experts who are willing to have their credentials and testimony reviewed by the defense bar.
- Filing a Claim. Once all parts of your case have been investigated and the claim outlined for filing, we will draft and execute pleadings to file the claim (within statutory requirements and limitations).
- Negotiation / Litigation. We fight for a fair settlement through negotiations or, if all else fails, in court through litigation. Our team’s extensive experience in civil trials and the successes we have achieved in that arena are what level the playing field when taking on hospitals, insurance companies, and defense attorneys.
- Personal Communication. You have questions and our job is to answer them, so you are never confused or wondering what is happening next. We respect that every case isn’t cookie cutter, so each strategy is tailored to fit your circumstances.
Why You Need J Davis Law PC for A Medical Malpractice Case
Medical malpractice cases are complex and highly contested, especially when hospitals and insurance companies are involved. Legal talent, resources, and expertise in the medical and legal fields are required to win. Here’s how J Davis Law PC is different:
- Proven Results: With more than 23 years of experience, attorney Jim Davis has recovered millions for victims in cases against negligent doctors, hospitals, and healthcare providers. This includes surgical error, birth injury, wrongful death, and other cases.
- Custom strategies for each case: Every case is different. That’s why we create custom legal strategies designed to meet your specific needs and objectives.
- Professional relationships with expert witnesses: Our law firm has access to world-class medical professionals, investigators, and accident reconstruction experts to help us secure the strongest evidence available.
- Client-focused communication: More than 80% of our company is based on repeat business – our clients come back to us for personal service, effective results, transparency, and communication.
- Commitment to civility and inclusivity: We are a civility firm and an inclusivity employer. We proudly represent customers of all backgrounds from across the state, including the LGBTQ+ community; we operate a fully accessible digital firm for customers of all abilities.
Medical Malpractice Cases We Advocate
J Davis Law PC handles medical malpractice cases involving all aspects of medical treatment, including, but not limited to:
- Surgical mistakes or errors and post-surgical complications
- Misdiagnosis, delayed diagnosis or failure to diagnose
- Medication and prescription errors
- Birth injuries to mothers or children (including Cerebral Palsy)
- Anesthesia error or mistakes
- Hospital-borne infections or failing to monitor patients in hospitals and other health care facilities
- Failing to obtain informed consent
- Nursing home and long-term care facility negligence and incompetence
- Wrongful death caused by medical negligence
If you believe that you or a loved one have been the victim of medical malpractice, we will evaluate your case and advise you on how we can best help you.
How Much Compensation Can You Receive From a Medical Malpractice Claim?
Victims of medical malpractice can seek substantial damages for the losses they suffered. Damages in South Carolina medical negligence claims may be sought for:
- medical bills (past, present, future)
- lost wages and/or loss of earning potential
- pain and suffering
- emotional pains
- loss of enjoyment of life
- permanent injury or disfigurement
- wrongful death damages for surviving family
At J Davis Law PC, we take care to make sure all areas of loss are properly measured and presented in an effort to maximize the potential value of your claim.
Medical Malpractice FAQs
| Q: How much time do I have to bring my medical malpractice claim in South Carolina? | A: You generally have three years after an injury or discovery of an injury, but it depends on some facts and circumstances. Delay is not good, because witnesses fade and evidence disappears. |
| Q: Will my case be tried? | A: While many medical malpractice cases are settled, we prepare every case that we take on the assumption that it must be tried in order to get you the best possible recovery. |
| Q: How are legal fees handled? | A: We provide private consultations and in most injury cases we work for a contingent fee – you pay no lawyer fee unless we recover money for you. For other cases, we offer flexible, custom billing rates. |
| Q: Do I have to have a medical expert to present my claim? | A: Yes. Evidence from a qualified medical expert will be required by law to support the claim in South Carolina. We take care of everything involved in obtaining and working with such lawyers. |
Step in the Right Direction: Book a Confidential Consultation
“If you think that you or a family member have been injured as a result of medical malpractice, do not hesitate to seek counsel. The earlier you get a knowledgeable lawyer involved the better your case will be. Here at J Davis Law PC we are available to listen to what you have to say, answer your questions, and help determine the best course of action moving forward.
Contact us to set up a confidential consultation: Phone: (843) 642-8333 Email: [email protected] Office address: 234 Seven Farms Drive, Suite 211B, Daniel Island, SC 29492 Let our confidence, experience and committed results reach out to you. We will find you answers and seek justice.”
For more information or to get started, please visit our Contact J Davis Law PC page.