Author: davidlhood

Categories
Medical Malpractice Lawyer

Causes of Bedsores

Causes of bedsores
A nurse carefully repositions an elderly patient in a hospital bed to help prevent bedsores.
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In this blog, we explain the causes of bedsores, who is most at risk, how they form, and how people can prevent them. We also discuss why bedsores may be a sign of neglect in hospitals, nursing homes or care facilities.

Bedsores are a serious medical problem. They can cause pain, infections, and long-term injuries. Many people think bedsores only happen in hospitals. But they can happen anywhere. Bedsores are also called pressure sores, pressure ulcers, or decubitus ulcers. They happen when the skin and tissue under the skin get damaged. This damage comes from pressure, friction, or poor blood flow.

Key Takeaways

  • Bedsores are also called pressure sores or pressure ulcers.
  • The main cause of bedsores is constant pressure on the skin.
  • Friction and shear forces make bedsores worse.
  • Limited mobility greatly increases the risk of pressure ulcers.
  • Poor nutrition and dehydration weaken the skin.
  • Medical conditions like diabetes and poor circulation raise risk.
  • Moisture from sweat, urine, or stool damages the skin.
  • Most bedsores are preventable with proper care.
  • Stage 3 and Stage 4 bedsores are often signs of neglect.
  • Nursing home residents are at the highest risk for bedsores.

What Are Bedsores?

Bedsores start when part of the body gets too much pressure for too long. When you sit or lie in one spot, your skin gets squeezed between the bone and the surface you are on. Blood cannot flow normally to that area. Without enough blood, the skin starts to die. This creates a sore.

At first, the skin may look red or feel warm. This is the first stage. If the pressure keeps going, the skin breaks open. In worse stages, the sore goes deep into the muscle and may reach the bone.

Bedsores are common on body parts where bones are close to the surface, such as:

  • Tailbone
  • Hips
  • Heels
  • Elbows
  • Back of the head
  • Ankles
  • Shoulders

People who cannot move well are most likely to get bedsores. But with the right care, bedsores are preventable.

Main Causes of Bedsores

Bedsores come from many factors. Some are physical causes. Others relate to health problems or lack of proper care. Here are the most common causes of bedsores:

1. Constant Pressure

Constant pressure is the number one cause of bedsores. This is why pressure sores form.

When someone cannot move on their own, pressure builds on certain parts of the body. This pressure blocks blood flow. When blood cannot reach the skin, the skin starts to break down. Even a few hours of unrelieved pressure can cause damage.

People who are stuck in a bed or wheelchair face a high risk of getting bed sores. If caregivers do not help their patients move often, bedsores can form quickly.

2. Friction on the Skin

Friction is another major cause of pressure ulcers. This happens when skin rubs against sheets, clothing, or other surfaces. The rubbing removes the top layer of skin. It makes the skin weaker and easier to tear.

Friction can happen when:

  • A person is moved without being lifted
  • A person slides down a bed or chair
  • Caregivers pull instead of lifting

Friction can turn a mild sore into a deeper wound.

3. Shear Forces

Shear happens when the skin stays in one place while the bone underneath moves. This stretches and tears the tissue and blood vessels under the skin.

A common example is when a hospital bed is raised. The person may slide downward. The skin stays put, but the bones shift. This can cause serious damage deep in the tissue.

Shear forces are one of the leading causes of deep pressure ulcers.

4. Limited Mobility

Not moving is one of the biggest causes of bedsores. Movement helps blood flow. Even tiny adjustments protect the skin. But many people cannot move well due to:

  • Paralysis
  • Illness
  • Injury
  • Surgery recovery
  • Dementia
  • Weakness
  • Old age

When caregivers do not reposition these people every two hours, bedsores form quickly.

Bedsores from limited mobility are common in hospitals, rehab facilities and nursing homes where staff is overworked or untrained.

5. Poor Nutrition and Dehydration

The skin needs vitamins, minerals, and protein to stay strong. Without good nutrition, the skin becomes thin and fragile. This makes it easy for pressure, friction, and shear to cause damage.

Dehydration is also a big risk. Dry skin cracks easily. Cracked skin is more likely to develop sores.

Common nutrition problems linked to bedsores include:

  • Low protein
  • Low vitamin C
  • Low vitamin E
  • Low zinc
  • Not drinking enough water

People who are elderly, sick, or unable to eat or drink on their own face a high risk of nutritional and dehydration problems.

6. Poor Blood Circulation

Poor blood flow is a major cause of pressure sores. When blood cannot reach the skin, the tissue dies much faster.

Health problems that reduce circulation include:

  • Diabetes
  • Heart disease
  • Peripheral artery disease
  • Blood clots
  • Smoking

People with poor circulation or any of the above, should be checked often for early signs of bedsores.

7. Moisture on the Skin

Too much moisture makes the skin soft and weak. This raises the risk of skin breakage.

Moisture can come from:

  • Sweat
  • Urine
  • Stool
  • Leaks from wounds
  • Spilled liquids
  • Poor bathing routines

In hospitals, rehab facilities and nursing homes, moisture-related bedsores often happen when residents are not cleaned or changed often enough.

8. Poor Hygiene and Skin Care

Good hygiene helps keep skin healthy. Poor hygiene weakens the skin and increases the risk of infection.

Poor hygiene includes:

  • Not bathing regularly
  • Dirty sheets or clothing
  • Untreated rashes
  • Not drying the skin after cleaning

Infections can develop fast and make pressure sores much worse.

9. Nursing Home Neglect or Poor Care

One of the most serious causes of bedsores is neglect. Bedsores rarely happen when someone receives proper care.

Bedsores are often a sign that caregivers or nursing home staff failed to:

  • Reposition the person regularly
  • Provide clean and dry clothing or bedding
  • Check the skin often
  • Help the person eat or drink
  • Move the person safely
  • Maintain proper hygiene
  • Use pressure-relief equipment

Stage 3 and Stage 4 bedsores are strong indicators of caregiver neglect.

Who Is at the Highest Risk for Bedsores?

Anyone can develop a bedsore. But certain people face much higher risks.

  • People Who Are Bedridden: People who must stay in bed for long periods face a very high risk. This includes people recovering from serious illness, injury, or surgery.
  • People Who Use Wheelchairs: Sitting all day puts pressure on the tailbone, back, and legs. Without proper support or movement, sores form.
  • Older Adults: Aging skin is thin and less elastic. Many older adults also have poor circulation or chronic health problems.
  • People With Limited Movement: This includes people with paralysis, stroke, broken bones, or severe illness.
  • People With Poor Nutrition or Dehydration: Weak, dry skin breaks down faster.
  • People With Medical Conditions Like Diabetes: These conditions slow healing and reduce circulation.
  • People With Reduced Feeling or Sensation: People with nerve damage may not feel early warning signs.
  • People in Nursing Homes, Hospitals, or Assisted Living Facilities: Crowded or understaffed facilities have much higher rates of bedsores.

Stages of Bedsores Explained

Bedsores develop in four main stages.

Stage 1 Bedsore

  • Skin is red
  • No open wound
  • May feel warm, firm, or painful

This is the earliest stage.

Stage 2 Bedsore

  • Skin breaks open
  • Shallow wound
  • May look like a blister

The skin is now damaged.

Stage 3 Bedsore

  • Sore goes into deeper tissues
  • Fat may be visible
  • Infection risk increases

Stage 3 sores are serious.

Stage 4 Bedsore

  • Sore reaches muscle or bone
  • Very deep wound
  • High risk of infection

Stage 4 sores are often a sign of severe neglect.

How to Prevent Bedsores

Preventing bedsores is possible with proper care. Here are the most important steps.

  • Reposition the Body Often: This reduces pressure. Move every two hours in bed. Shift weight every 15 minutes in a wheelchair.
  • Use Pressure-Relief Tools: Special mattresses, pads, and cushions help spread pressure.
  • Keep Skin Clean and Dry: Clean and dry skin stays stronger and healthier.
  • Check the Skin Daily: Look for early signs of redness or irritation.
  • Eat Nutritious Meals: Protein and vitamins help the skin stay healthy.
  • Drink Enough Water: Hydrated skin is stronger and heals faster.
  • Reduce Friction and Shear: Lift the person. Do not drag them.
  • Treat Health Conditions: Better circulation lowers the risk of sores.
  • Ensure Proper Care in Facilities: Good staff training prevents most pressure ulcers.

Are Bedsores a Sign of Neglect?

In many cases, yes. Bedsores often happen when someone does not receive the basic care they need.

Caregivers must:

  • Reposition the person
  • Check the skin
  • Keep the person clean
  • Provide meals and water
  • Prevent friction and moisture

If these steps are ignored, bedsores develop.

If someone you care about has a Stage 3 or Stage 4 bedsore in a nursing home or hospital, this may be a sign of neglect. Families should ask questions and may want to contact a lawyer.

Video: Are Bedsores a sign of neglect?

How Can a South Carolina Nursing Home Abuse Attorney Help?

Bedsores are often preventable. Families across South Carolina trust The Law Offices of David L. Hood to stand up to nursing home abuse and neglect. If bedsores harmed your loved one, contact us today to learn your legal options.

Help is just one call away. We can be reached by chat, text, email, or call. Contact The Law Offices of David L. Hood for a free case review today!

Rewarded for Excellence in South Carolina

At The Law Offices of David L. Hood, we are honored to be recognized for our work helping injured and disabled people throughout South Carolina. Over the years, we’ve received several accolades, including over 99 verified, five-star client reviews and recognition from respected groups like America’s Top 100 Personal Injury Attorneys and the America’s Top 100 Medical Malpractice Litigators.

These achievements reflect our commitment to treating every client with care, respect, and personal attention. If you choose us to handle your denied disability claim, you can trust that you’ll have an experienced and reliable advocate standing up for your rights.

Final Thoughts

Bedsores are painful and dangerous. They come from pressure, friction, shear, poor nutrition, and lack of care. They affect people who cannot move well. But the good news is that bedsores are preventable with simple steps.

Understanding the causes of bedsores can help protect people in hospitals, nursing homes, and at home. With proper care, attention, and support, bedsores do not have to happen at all.

For more information on bedsores: Hopkinsmedicine.org

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Categories
Motor Vehicle Accidents

Dram Shop Law Cases in South Carolina

Dram shop cases in South Carolina
A bartender reaching for a bottle of liquor
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Dram shop law cases are personal injury lawsuits that involve the illegal sale or serving of alcohol. In these cases, the plaintiff seeks to hold the server, store clerk, bar or restaurant liable for the harm caused by the drunk customer. 

Key Takeaways

  • Dram shop law cases involve personal injury lawsuits against establishments that illegally serve alcohol to intoxicated individuals or minors.
  • Proving these cases requires showing the establishment knowingly served alcohol to someone already drunk or underage, leading to the injury of a third party.
  • Hartfield v. The Getaway Lounge established dram shop liability rules in South Carolina, confirming bars can be liable for overserving intoxicated customers.
  • South Carolina’s dram shop act requires bars to carry at least $1,000,000 in insurance to cover injuries caused by overserving. However, after January 1st, bars can get credits to drop that to $300,000.
  • Also, after January 1, 2026, there’s a new 50/50 rule. If a bar and drunk driver are both found at fault, the bar’s liability is capped at 50%.
  • The statute of limitations for dram shop law cases is typically three years from the date of the accident.

What is a dram shop?

“The term dram shop is used to describe a tavern, bar, restaurant, or other commercial establishment that serves alcoholic beverages. It was used to refer to establishments where spirits were sold by the spoonful or a dram, a unit of liquid measurement.” (alcohol.org)

What is a dram shop case?

Dram shop laws originated in the United States during the 19th century.

A dram shop law case occurs when the intoxicated person causes injury or death to a third party after the dram shop has sold beer or wine to them under one of the following conditions: the person was under the age of twenty-one or was already intoxicated. That third party may then bring a lawsuit against not only the drunk person, but also against the place that sold the alcohol to the already intoxicated person or minor.

Proving a dram shop claim can be tricky. That’s why it’s important to contact a lawyer who can help. You must prove that the restaurant or bar knowingly served alcohol to a minor or someone who was already clearly drunk, and that your injuries were caused by that barfly’s being under the influence.

Dram shop law cases in South Carolina

Hartfield v. The Getaway Lounge & Grill, Inc. (697 S.E. 2d 558, 388 S.C. 407) set the early rules for proving alcohol liability in South Carolina. The South Carolina Supreme Court decided this important case in 2010. It involved a customer who was served alcohol at several bars before causing a car accident that killed one person and badly hurt another.

In this case, Hoyt Helton went to several different bars and drank too much. When he arrived at The Getaway Lounge and Grill, the bartender should have been able to tell Helton was intoxicated before serving him three more beers. Later that night, while driving, he crossed over into the wrong lane and hit a car. Jon Erik Hartfield was a passenger in that car. Helton, (whose blood alcohol level measured .212) died in the crash.

Hartfield and his dad decided to sue three of the bars Helton had stopped by that night. They believed the bars were partly to blame for letting Helton drink so much. During the trial, Hartfield’s father testified that his son was badly hurt and was in a coma for over six months. “Jon still requires care, wears a leg brace, is unable to drive, and has problems with short term memory.”

Case results

In the end, Hartfield and his dad won their lawsuit against The Getaway Lounge & Grill.

The court said the bar could be held responsible because:

  • The customer’s blood alcohol content (BAC) was .212, showing he was drunk.
  • The bar should have known he was drunk.
  • The bar could still be liable even if the customer didn’t seem obviously drunk.

This case helped define dram shop liability in South Carolina. This means businesses may be held accountable if they serve alcohol to someone who is intoxicated (over .08% blood alcohol level) or underage and they cause harm.

Over two-million-dollar settlement  

On a late night a young lady was driving the speed limit and heading to her third shift where she had worked as a care giver for almost 10 years.

Unknown to her, a man was leaving a bar. He had had a lot of alcohol to drink. In fact, depositions and discovery showed a bar tab of 36 drinks. He was also speeding when he crashed into the rear of the defenseless woman. The police report showed he was going 85 miles per hour in a 40 MPH zone.

The young lady was shocked when the intoxicated man hit her forcing her car to flip several times before it was finally stopped by a tree. The chaos of the accident led to one victim being airlifted to the hospital with EMS and the fire department also involved. 

In this case, Attorney Hood of The Law Offices of David L. Hood and his co-counsel legal team were able to get the maximum available liability insurance ($50,000) from the at fault driver. They were also able to get the total available underinsurance of $100,000.

But the largest recovery was getting the entire insurance available under the South Carolina Dram Shop Act – which was $2,000,000.

South Carolina dram shop act requirements

In the past, South Carolina businesses with liquor licenses were required to carry at least $1,000,000 to cover situations where they knowingly serve alcohol to someone who is visibly drunk and hurts an innocent party. Typically, to get this kind of result, the lawyers had to file suit (which they did in this case) and engage in thorough investigations, discovery & depositions.

Any videos, training and statements are critical to get in dram shop cases. If someone is a victim of an intoxicated person who’s just left a bar, restaurant or club, it’s key to contact an experienced dram shop lawyer to help get the best results.

How does the new legislation change SC Dram Shop Law?

If a bar overserves someone, and that drunk driver crashes into an innocent person, the victim can sue the bar and drunk driver. Before January 1, 2026, if the bar was found to be even 1% at fault, they could have to pay for 100% of the injuries.

After January 1, 2026, there’s a new 50/50 rule. If a bar and drunk driver are both found at fault, the bar’s liability is capped at 50%. There’s still a requirement for bars to carry $1,000,000 in insurance. But now they can get credits to take that down to $300,000. They also have to “knowingly” sell to an intoxicated or underage person. So, if you’re injured before January 1, 2026, by a drunk driver, take legal action immediately.

What is the statute of limitations for dram shop law cases?

Like other personal injury cases in South Carolina, the statute of limitations on dram shop law cases is usually three years. This means you typically have up to three years from the date of the accident to file a case.

Every drunk driving claim is unique. So, it’s impossible to generalize about your case without knowing all the facts and circumstances. If you have questions about your potential claims, call us at (843) 491-6025.

Video: Hit by a drunk driver?

Injured by a drunk driver? Steps to take:

In the aftermath of a drunk driving wreck, it’s understandably hard to think clearly. Your focus is on your safety, getting medical attention, and calling law enforcement. If you didn’t think to take pictures or identify witnesses, don’t panic. An experienced South Carolina car accident and personal injury lawyer can investigate the crash that injured you and collect evidence for your claim.

After the accident, you’ll typically have to file a series of insurance claims. The insurance adjuster may want to take your statement. They might discourage you from hiring a personal injury lawyer. It’s not in your best interest to make statements or negotiate a settlement without help from an attorney (see our blog Insurance Company Bluff). Instead, you should contact an experienced motor vehicle accident lawyer (who’s handled dram shop cases) right away for help.

Motor Vehicle Accident Attorney David L. Hood: Fighting for Victims of Drunk Driving and Personal Injury in South Carolina

If you or a loved one suffered injuries or death in a serious drunk driving crash in South Carolina, contact The Law Office of David L. Hood to help you! We have served South Carolina accident and dram shop victims for over 30 years by standing up to insurance companies, demanding fair compensation, and helping our clients rebuild their lives. Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.

*Settlements are posted for informational purposes only. Any future verdicts or settlements cannot be predicted from prior results. Any result the lawyer, law firm or co-counsel may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

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Categories
Medical Malpractice Lawyer

Staff Shortages Can Lead
to Pharmacy Malpractice

Staff Shortages Can Lead to Pharmacy Malpractice
Pharmacy window with sign that reads, “Pharmacy Closes at 3:00pm today due to staffing issues. Thank you, Management.” Staff Shortages Can Lead to Pharmacy Malpractice
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Key Takeaways

  • Covid increased pharmacy workloads while staffing decreased, leading to potential malpractice.
  • Pharmacists and technicians face excessive stress and longer hours, resulting in staff shortages.
  • Many pharmacy employees leave due to unsustainable stress, worsening the workload for remaining staff.
  • Large chain pharmacies are struggling to balance operational changes with customer demands and service disruptions.
  • To protect against pharmacy errors, patients should verify their prescriptions and report mistakes to state boards.

Covid initially caused the workload in pharmacies to rise dramatically, then staffing levels actually decreased during this same time period. This combination can lead to the deadly consequences of pharmacy malpractice.

Pharmacists and pharmacy technicians alike were initially overworked and understaffed due to the Covid pandemic. On top of their regular jobs of filling prescriptions and counseling customers, they were forced to juggle “administering Covid-19 vaccines and tests, more phone calls and handing out masks.” (NYTimes.com)

Pharmacy customers continue to have longer wait-times on the phone to get their prescriptions filled. This causes customers to be angry and take it out on pharmacy staff resulting in even more stress for pharmacists and technicians.

All of this has caused pharmacy staff to have to work longer hours, and be much more stressed out in their jobs. Many pharmacists and pharmacy technicians have left their jobs because they just could not deal with it anymore. Of course, this just causes the problem to get that much worse.

“Large retail pharmacy chains have tried to respond, with some reducing store hours, closing for lunch, increasing starting wages, offering more breaks and giving out bonuses to retain employees. But customers have felt the impact, with some experiencing disruptions in vaccine appointments, longer lines to pick up prescriptions and frustration over securing masks and at-home virus tests.” (NYTimes.com)

Pharmacists

PBS News Hour interviewed (to hear those, click here) some pharmacists on how they are struggling “to keep up with a spike in demand for their services”:

Ryan Albano (who has been a pharmacist for 17 years) said, “If you had a doctor working on a loved one or a family member performing surgery, would you want the phone ringing in the background while the doctor is providing surgery to your loved one? You want that doctor having questions thrown at them, having the drive-through being rung, having emails pop up at you, having customers waving at you?”

Jennifer Morrow (worked as a pharmacy manager up until December 2021) said, “I felt like I was an octopus pulled in eight different directions. And one of them is having to give vaccines. Now, I’m even concerned that I might give the wrong vaccine at the wrong time.” (PBSNewsHour.com) 

Pharmacy Technicians

“Pharmacies can’t run without technicians, who do the lion’s share of work behind the counter, from counting pills to taking phone calls and ringing patients up.” This job takes a lot of training, but does not require a college degree. Many states do require pharmacy technicians to have a certificate (which they earn after a certain amount of training).

Technicians usually get paid very meager salaries for the job they do. Some pharmacies have recently increased staring salaries for technicians, to hopefully entice more people into the field to help with the shortage. (NBCNews.com)

Heidi Strehl worked in Rite Aid as a pharmacy technician for over 16 years. She said she loved her job and her customers. And she always thought she would work in that job until retirement age. In October she “abruptly quit, walking out in the middle of a shift.” She said, “…in recent years the workload and stress had increased to unsustainable levels while staffing and pay failed to keep up.” Rite Aid closed their final stores in October of 2025 after their second bankruptcy. CVS, Walgreens, Albertsons, Kroger and Giant Eagle picked up some of Rite Aids’ assets (including prescription files, which will add even more stress to an overwhelmed system).

Many other technicians have recently done the same: saying they’re having to do too much for too little pay, “increasing the possibility that they will fill prescriptions improperly.” This has caused a major staff shortage, which means the pharmacists are overloaded with more work than they can possibly handle. This has led to huge waits for prescriptions, decreased pharmacy hours “and some prescription errors and vaccination mix-ups – like children receiving an adult Covid-19 vaccine instead of a flu shot – in a business sector in which delays and mistakes can have serious health consequences.” (NBCNews.com)

How to protect yourself and your loved ones from pharmacy errors:

  • Check to be sure your name, the correct medication name and correct strength are on the bottle.
  • If you have taken the prescription before, look at the pills to be sure they look the same. If they look different, ask the pharmacist to check your prescription to be sure it is correct.
  • If this is a new prescription, look up what the medication should look like. There are pill identifiers online you can use for this: https://www.drugs.com/pill_identification.html

If you have any questions about whether your prescription has been filled correctly, or about how or when to take the medication, do not take the medication until you have talked to the pharmacist. (MiamiHerald.com)

Mistakes can be reported to state pharmacy boards. For South Carolina patients, that would be the South Carolina Board of Pharmacy.

Prescription monitoring is also available in SC: dph.sc.gov

Video: What Do You Do if The Pharmacist Makes a Fatal Mistake?

The Law Offices of David L. Hood – Representing Pharmacy Malpractice Victims in South Carolina

Prescription malpractice can cause serious health problems and even result in death for many innocent patients. However, if the matter is handled expertly, those responsible for the damages can be held accountable. The Law Offices of David L. Hood and his co-counsel have experience in handling pharmacy malpractice cases. With an understanding of the system, they utilize their network of medical experts and pharmacists to figure out the cause of the mistake and obtain (if possible) an expert opinion so a claim can be filed against those at fault.

If you have suffered at the hand of someone else’s negligence and incompetence, let The Law Offices of David L. Hood do whatever it takes to help you and your family get justice. Let us fight until you get the compensation that you deserve.

If you or a loved-one has been a victim of pharmacy malpractice in South Carolina, contact us for a free initial consultation. If you choose us to handle your claim, we will work with you on a contingent-fee basis, meaning, you won’t owe us a fee unless we get a recovery for you! You can call us now at (843) 491-6025 or contact us at any of our offices in South Carolina here.

For more information: https://hoodlawoffices.com/blog/pharmacists-overworked-and-understaffed/

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Categories
Social Security Disability Lawyer

Steps to Take After a Denied Disability Claim

Denied Disability Claim
Man looking upset while reading a denial letter for his disability claim.
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Denied disability claim?

Overview of next steps:

  1. Carefully read your denial letter to understand why the claim was rejected.
  2. File your appeal before the 60-day deadline (do not fill out a new application) – make sure to update all the information on any medical treatment or procedures you’ve had.
  3. Keep notes on your daily symptoms.
  4. Contact your Social Security Disability Attorney David L. Hood to help you gather more medical evidence and correct any missing information.

If you’ve been denied after filing a claim for Social Security Disability (SSD) benefits, you may feel scared and unsure about what to do next. You have worked hard, and now you need help because you cannot work due to serious health conditions. A denial can feel like a major setback, but you are not alone. Many South Carolina residents receive a denied disability claim the first time they apply for Social Security Disability benefits.

The good news is a denied disability claim is not the end. You still have options. In fact, many people are approved later in the appeals process. This guide explains the important steps to take after a denied disability claim and how attorney David L. Hood and his co-counsel legal team can help you fight for the benefits you need.

Social Security denial statistics in the US

Most SSD claimants receive a notice of denial after filing a claim. Statistically speaking, the Social Security Administration (SSA) denies initial SSD claims at a rate of 62% to 78%, and reconsiderations (the initial stage of appeals) have an even higher denial rate of 84%.

After you find out your claim has been denied, you may be feeling frustrated, stressed, and anxious. But one thing you shouldn’t feel is hopeless. Even if the statistics regarding SSD claim denials seem discouraging, it’s important to remember that you’re not a statistic. Your case is unique. And just because some appeals are denied at an 84% rate doesn’t mean that your particular case has an 84% chance of being denied.

However, if you want your Social Security Disability appeal to have the best chance of success, it’s important to understand the next steps you need to take and what you can do differently this time around.

Next Steps

Step 1: Carefully Read Your Denial Letter

The denial notice you received from the SSA should contain a summary of your medical conditions and impediments as well as the medical and non-medical records the SSA considered in rendering its decisions. The denial notice should also contain an explanation for your denial.

Why are Social Security Disability claims denied?

Some of the most common reasons Social Security Disability claims are denied:

  • You don’t meet the basic non-medical requirements (also called a technical denial).
  • Your medical condition won’t last long enough or isn’t severe enough.
  • You failed to follow the treatment plan your doctor prescribed.
  • You refused to cooperate with the SSA, including providing your medical history and attending any exams that they requested you attend.
  • The SSA can’t find you or get in touch with you.
  • Your disability is related to substance abuse issues.
  • There’s not enough medical evidence to support your claim.

Your denial notice may also include a “technical rationale,” which is a detailed explanation of the factors that caused the SSA to deny your claim. If the denial notice you received doesn’t include a rationale, make sure to request your file from the Social Security Administration so you can find out this information. Understanding why your claim was initially denied is crucial if you want to give your appeal a chance to succeed.

Step 2: File Your Appeal Quickly – Do NOT Start a New Claim

You have 60 days (plus five for mailing) to file an appeal after a denied disability claim. If you miss the deadline, you may have to start over, which could delay benefits for a long time.

Do not wait — take action immediately.

Many people think filing a new claim is easier — but that’s usually a mistake. A new claim could cause delays or even weaken your case, and could cause you to lose:

  • Your earlier filing date
  • Months or years of possible backpay

An appeal protects your rights.

The appeals process has four basic levels:

  1. Reconsideration
  2. Hearing before an Administrative Law Judge (ALJ)
  3. Review by the Appeals Council
  4. Federal Court

Step 3: Gather and Add Strong Medical Evidence

Medical proof is the heart of any disability claim. After a denial, your South Carolina disability attorney should be able to help you:

  • Give Social Security the information they need to get updated medical records,
  • Provide specialized forms for your doctors to document limitations,
  • Verify that test results and specialist reports are part of your file,
  • Work with you to show how your condition affects daily life,
  • Put all the evidence together demonstrating that you cannot work in any full-time job.

If a doctor has stopped treating you, try to restart care right away. The SSA wants to see ongoing treatment. Gaps in treatment can hurt your appeal.

Step 4: Be Honest About Your Limitations

Some people try to stay strong and hide their pain. But during a disability claim, that can hurt your case.

Keep Notes on Your Daily Symptoms

Write down:

  • Pain levels and changes in your condition
  • Mental health struggles
  • Medication side effects
  • Challenges with basic daily activities

Personal details can show why your denied disability claim should be approved.

Tell your doctors and the SSA exactly how your condition affects:

  • Working
  • Standing or walking
  • Lifting or using your hands
  • Remembering or focusing
  • Sleeping or caring for yourself

Your symptoms may not show up on a medical test, but they still matter.

Step 5: Keep Following Your Doctor’s Orders

If you skip appointments or ignore treatment recommendations, the SSA may think your condition is not serious. Follow your care plan as best you can. If you cannot afford treatment, tell your lawyer — they may be able to think of how you may be able to find find low-cost options.

Step 6: Work With a South Carolina Disability Attorney

Trying to fix a denied disability claim alone can feel overwhelming. The rules are complicated, and simple mistakes can lead to another denial. An experienced attorney should know how to:

  • File your appeal on time,
  • Prepare evidence and paperwork correctly,
  • Help you communicate with medical providers and the SSA,
  • Represent you at a hearing,
  • Fight for full benefits.

Most Social Security disability attorneys only get paid if you win your case. There are no upfront costs to hire The Law Offices of David L. Hood.

RELATED: 5 Reasons to Hire a Lawyer for Your SSD Claim

Don’t Give Up — Help Is Available Throughout South Carolina

A denied disability claim does not mean necessarily you are not disabled. It may simply mean that the SSA needs more information.

The Law Offices of David L. Hood has helped disabled workers across the Palmetto State for more than 30 years, including:

  • Charleston
  • Georgetown
  • Murrells Inlet
  • Myrtle Beach
  • North Charleston
  • North Myrtle Beach
  • And surrounding communities

Wherever you live in SC, our legal team is ready to assist.

We understand the local Social Security offices, judges, and hearing system. We are here to fight for you and your benefits!

Common Questions After a Denial

Q: Does a denial mean I’ll never get benefits?
A: No. Denials are common, and many people are eventually approved.

Q: Can I work while appealing?
A: It depends. Limited part-time work may be allowed, but earning too much can harm your claim. Ask your lawyer before working.

Q: How long does the process take?
A: Appeals can take months, especially if a hearing is needed. Starting right away is your best move.

Key Takeaways: What to Do After a Denied SSD Claim

  • Most disability claims in South Carolina are denied the first time — but many people are approved after an appeal.
  • You only have 60 days (plus five for mailing) to appeal a denied disability claim, so act quickly.
  • Strong medical evidence is the most important part of a successful appeal.
  • Keep seeing your medical providers and ask them to fill out forms supporting your disability.
  • Generally, you do not want to start a new claim — filing an appeal protects your original filing date and backpay rights.
  • Track your symptoms and how they impact your daily life to help show why you can’t work.
  • A South Carolina Social Security disability attorney can guide you through the appeal process and improve your chances of winning benefits.
Video: Denied Disability Claim?

How Can a South Carolina Social Security Disability Attorney Help?

Appealing a denied disability claim can be stressful and confusing. But you don’t have to do it alone.

An experienced disability lawyer can:

  • Handle the critical paperwork and deadlines,
  • Help you gather the right medical evidence,
  • Represent you during hearings
  • Fight for your benefits and backpay

And you don’t pay anything upfront — we only get paid if you win.

Free Consultation — The Law Offices of David L. Hood

If your Social Security disability claim was denied, contact us today to protect your right to benefits.

Recognized for Excellence in South Carolina

The Law Offices of David L. Hood is proud to be recognized for our dedication to helping injured and disabled people across South Carolina. Our firm has earned multiple honors over the years, including client satisfaction awards as well as recognition by respected legal organizations including America’s Top 100 Personal Injury Attorneys, and Nation’s Top One Percent in the National Association of Distinguished Counsel. These awards show our long-standing commitment to treating every client with compassion, attention, and respect. When you choose our team to help with your denied disability claim, you can feel confident that you have an experienced and highly trusted advocate fighting for your rights.

The Law Offices of David L. Hood-Serving Clients Across South Carolina

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Categories
Medical Malpractice Lawyer

Unnecessary Back Surgery-The Hidden Costs

Unnecessary Back Surgery
Surgeons preparing for a procedure by scrubbing in and ensuring a sterile environment in the operating room.
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Unnecessary back surgery happens more than most realize.

Back pain is a common and even disabling condition. And when conservative treatments don’t seem to help, patients can feel pressured to consider surgical interventions. But what if a significant number of back surgeries performed aren’t medically necessary?  And worse, expose patients to risk, expense, and potential injury? That is the alarming conclusion of a recent analysis by the Lown Institute and backed up by additional medical-legal research.

At The Law Offices of David L. Hood, we believe in empowering patients with knowledge. This post will:

  • examine the Lown Institute’s findings
  • explore why unnecessary back surgeries happen
  • discuss the legal implications of surgical error or negligence
  • and offer guidance for patients who believe they were harmed by improper surgical practices.

Unnecessary Back Surgery in the U.S.

In its report Unnecessary Back Surgery — 2025, the Lown Institute (via the Lown Hospitals Index) analyzed Medicare and Medicare Advantage claims to identify unnecessary or inappropriate spinal procedures. Their key findings include:

  • Over a three-year period, U.S. hospitals performed more than 200,000 back surgeries on older adults that met criteria for overuse.
  • These procedures cost Medicare approximately $2 billion over the same timeframe. That’s roughly $600 million per year.
  • On average, 14% of spinal fusions and laminectomies were flagged as potentially unnecessary. Overuse rates varied dramatically by hospital (ranging from less than 1% to more than 50%).
  • Unnecessary vertebroplasty (injections to treat vertebral fractures) was also common. About 11% of visits for osteoporotic fractures triggered vertebroplasty procedures that lacked clear indication.
  • The study also identified significant variation by geography and hospital systems. States like New Hampshire, Iowa, Massachusetts, and Pennsylvania had spinal surgery overuse rates exceeding 18%. In South Carolina, the highest rate of unnecessary surgeries were performed at McLeod Regional Medical Center (16.2%).

Put another way, the Lown Institute concluded that every eight minutes, an older adult in the United States receives an unnecessary back surgery. They fail to meet evidence-based criteria for necessity.

Why Does Unnecessary Back Surgery Happen?

The Lown Institute and other analysts propose several drivers behind this phenomenon:

  • Variation in practice culture: Local norms, training, and institutional habits influence whether surgery is recommended — even when the clinical justification is weak.
  • Financial incentives: In fee-for-service systems, surgeons and hospitals may earn more from performing procedures than from conservative care. Device manufacturers also have financial relationships with surgeons (speaker fees, consultancy, etc.). Beckersspine.com
  • Defensive medicine: Fear of litigation may push surgeons to “do something” rather than risk under-treatment, even when surgery is not strongly indicated.
  • Patient expectations and pressure: Patients often believe that surgery is the definitive path to cure pain, even when nonoperative options (like physical therapy, lifestyle modification or acupuncture) might be safer.
  • Weak guideline adherence and care persistence: No clinical benefit imaging, injections, and surgeries remain common in spinal care. This trend is documented in multiple studies and highlighted by the Lown Institute’s work on low-back pain. Lowninstitute.org
  • Clinical Risks & the Reality of “Failed Back Surgery”

When a surgery is unnecessary or poorly performed, patients may suffer serious harm. A well-known consequence is Failed Back Surgery Syndrome (FBSS) — a condition where pain persists (or worsens) after spinal surgery.

Other risks include:

  • Neurological injury (nerve damage, paralysis)
  • Infection or hardware (implant) complications
  • Need for revision surgery ( which carries its own added risks )
  • Worsening disability, chronic pain, depression, and reduced quality of life
  • Death

Because these interventions remove or alter natural structures, when done incorrectly or unnecessarily, they can create more harm than benefit.

Legal Implications: When Surgery Crosses into Negligence or Malpractice

The line between an unfortunate but accepted surgical risk and a legally actionable wrong is a complex one. However, many judicial and medical studies indicate that spine surgery is among the most litigious medical fields.

Frequency and Outcomes of Spine Surgery Litigation

  • Neurosurgery (including spine surgery) faces higher malpractice claim rates than many medical specialties. Alliedworldinsurance.com
  • A review of spine surgery malpractice found that plaintiffs’ verdicts occurred in 17% to 35% of cases, and settlements in 8% to 37%. PMC
  • In malpractice suits involving spine surgery, the most common bases are:
    1. Failure to timely diagnose or treat
    2. Surgical negligence (errors in performance)
    3. Lack of informed consent (failure to explain risks, benefits, alternatives)
  • In a case series of U.S. spine surgery malpractice claims, pain was the most frequently alleged indication, while lumbar fusions were the most common procedure implicated. PMC
  • One recent summary found that in many spine malpractice claims, failure to obtain proper informed consent was explicitly cited (e.g., failure to explain alternatives and risks) were often a component in non-consent related claims. JAMANetwork.com

These statistics underscore that while many spine surgeries proceed without incident, a large proportion lead to litigated outcomes — particularly when surgical judgment, consent, or technique is flawed.

Key Legal Red Flags in Spine Surgery Cases

If you or someone you care about has undergone spinal surgery and experienced a poor outcome, some red flags suggesting possible malpractice include:

  1. Lack of clear preoperative justification — Did the surgeon document objective imaging and correlate that to symptoms?
  2. Insufficient discussion of nonoperative alternatives — Was physical therapy, pain management, or other conservative care fully explored?
  3. Failure to disclose risks and benefits — Especially the risk of persistent pain, nerve injury, and need for possible revision surgery.
  4. Deviation from standard of care techniques — Wrong-level surgery, instrumentation errors, fusion across inappropriate segments, or incorrect surgical plan.
  5. Poor postoperative follow-up or delayed recognition of complications
  6. New or exacerbated neurological deficits
  7. Death

Whether any case has merit depends on careful review of the medical record, imaging, surgical planning, and expert testimony.

What Patients (and Their Advocates) Can Do

Before Surgery: Be an Informed Consumer

  • Request a complete discussion of nonoperative alternatives
  • Ask about surgeon experience and volume — high-volume, board-certified spine surgeons typically have lower complication rates
  • Seek a second opinion (ideally from a spine specialist who is independent)
  • Ask the surgeon to explain the justification for the specific surgical plan (why fusion, why that level, why instrumentation)
  • Ensure you receive a detailed informed consent document that includes risks, alternatives, and a realistic prognosis
  • Get that second opinion!

After Surgery: Monitor and Advocate

  • Keep detailed records of pre- and postoperative symptoms, imaging, pictures and follow-up reports
  • If things go poorly, ask for a postoperative review or consultation
  • If you suspect malpractice, seek a qualified medical malpractice attorney (like our firm and our co-counsel legal team) and have a specialist evaluate your records

Policy & Systemic Reforms: What the Lown Institute Recommends

To curb overuse and protect patients, the Lown Institute suggests reforms such as:

  1. Better peer-review and oversight of hospital surgery performance
  2. Public reporting of overuse metrics
  3. Strengthening incentives to favor nonoperative care where evidence is lacking
  4. Reducing physician conflicts of interest, particularly between device manufacturers and surgeons
  5. Clinical guidelines and decision support tools to limit low-value procedures.

These reforms aim to shift the system away from reactive surgery-first models toward patient-centered, evidence-based decision-making.

The Lown Institute’s groundbreaking analysis shows that unnecessary back surgery is a pervasive and costly problem — not just to Medicare, but to patients’ health and quality of life. With over 200,000 flagged procedures and $2 billion in waste, this is not an isolated issue but a systemic one.

Why a Medical Malpractice Law Firm Like The Law Offices of David L. Hood Matters in These Cases

When surgery is unnecessary or negligent, the consequences for patients can be lifelong. As experienced medical malpractice attorneys, Attorney David Hood and our co-counsel legal team can help you:

  • Secure independent expert review of your medical record
  • Identify surgical deviations and errors
  • Assess liability of surgeons, hospitals, and device manufacturers
  • Pursue compensation for medical bills, lost wages, pain & suffering, and long-term care needs

Our goal is twofold: justice for injured patients and discouraging negligent practices in the future.

If you or a loved one has undergone back surgery and experienced disappointing or harmful results, you don’t have to accept that outcome. Contact The Law Offices of David L. Hood for a no-obligation consultation. We can help you understand if malpractice may have played a role and guide you toward accountability. To get in touch with us, chat, text, email, or call today!

Related blog post: Best Hospitals in South Carolina

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Categories
Medical Malpractice Lawyer

Second Opinion

Second Opinion
Doctor offering reassurance and support during a patient consultation.
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Why getting a second opinion can be critical for your health

A second opinion in healthcare is more than just a backup plan—it can be a life-saving step. When it comes to your health, every decision matters. Whether you’ve been diagnosed with a serious illness, recommended surgery, or prescribed long-term treatment, seeking another medical opinion can give you confidence, clarity, and control over your healthcare decisions.

In today’s world, where medical errors and misdiagnoses still happen, taking the time to get a second opinion may improve your treatment outcome and even save your life. In fact, studies estimate that around 2.59 million diagnostic errors occur each year in the U.S., resulting in hundreds of thousands of deaths or permanent disabilities. (OECD)

What is a second opinion in healthcare?

A second opinion means consulting another doctor, specialist, or healthcare provider about your diagnosis or recommended treatment. Patients often seek second opinions when:

  • They receive a serious diagnosis such as cancer, heart disease, or neurological conditions.
  • Surgery is recommended as the only option.
  • The treatment plan seems aggressive or unclear.
  • They want reassurance before starting long-term medication.

Why is it important to get one?

  1. Reduce the Risk of Misdiagnosis: Studies show that a large percentage of patients receive incorrect or incomplete diagnoses. Getting a second opinion ensures another expert reviews your case, potentially catching errors before treatment begins. For example, a Mayo Clinic study of 286 patients seeking second opinions found that only 12% had the same diagnosis, while 21% had a substantially different diagnosis, and 66% had their diagnosis refined or clarified. (HCPLive)
  • Explore All Treatment Options: One doctor might recommend surgery, while another might suggest non-invasive therapies, lifestyle changes, or medication. A second opinion broadens your choices and helps you make an informed decision.
  • Gain Peace of Mind: Healthcare decisions can be stressful. Hearing the same recommendation from multiple professionals builds confidence in your diagnosis and treatment plan.
  • Save Money and Avoid Unnecessary Procedures: Unneeded surgeries or treatments can be costly and risky. A second opinion can prevent unnecessary medical bills and long recovery times.
  • Advocate for Your Health: Getting a second opinion empowers you to be your own healthcare advocate. It shows you’re taking your diagnosis seriously and prioritizing your well-being. A UCLA study found that second opinions are most effective when conducted independently. When pathologists knew the first doctor’s diagnosis, their conclusions could be unintentionally biased, sometimes moving away from the correct diagnosis. (UCLA Health, 2024)

When should you get one?

You should consider getting a second opinion if:

  • You’ve been diagnosed with a life-threatening or rare condition.
  • A doctor recommends major surgery or high-risk treatment.
  • You feel unsure about your doctor’s diagnosis or explanation.
  • Your symptoms don’t match the diagnosis.
  • You want to confirm that your treatment is the best available option.

How to get a second opinion

  1. Ask your primary doctor for a referral – Most physicians understand the value of second opinions.
  2. Research top specialists – Look for board-certified doctors who specialize in your condition.
  3. Prepare your medical records – Bring test results, scans, and previous diagnoses to the new doctor.
  4. Ask detailed questions – Compare differences between the first and second opinion.
  5. Evaluate both recommendations – Consider the risks, benefits, and your personal comfort level.

Common conditions where second opinions matter most

  • Cancer diagnoses – Different oncologists may suggest alternative treatments.
  • Heart disease – Surgery vs. lifestyle treatment options.
  • Orthopedic issues – Some doctors recommend surgery while others suggest physical therapy.
  • Neurological conditions – Diagnoses like multiple sclerosis, Parkinson’s disease, or epilepsy often benefit from review.
  • Autoimmune disorders – Complex and sometimes misdiagnosed, requiring careful confirmation.

Overall, research shows that about 13% of patients receive a new diagnosis from a second opinion, while 28% benefit from treatment improvements or adjustments. (Journals.plos.org)

Benefits for your long-term health

  • Improves accuracy of diagnosis.
  • Ensures access to the latest medical treatments.
  • Reduces stress and uncertainty.
  • Helps patients take an active role in healthcare decisions.
  • Promotes better health outcomes.

The medical second-opinion market is rapidly growing, projected to increase from $7.1 billion in 2024 to $20.5 billion by 2031, reflecting the rising demand for more accurate and cost-effective healthcare. (MyAmericanDoctor)

Final thoughts: take control of your health

Your health is your most valuable asset. Getting a second opinion is not a sign of distrust in your doctor—it’s a smart, proactive step toward ensuring the best possible care. In many cases, it can make the difference between unnecessary treatment and a life-saving intervention.

If you’ve recently received a serious diagnosis, been told you need surgery, or feel unsure about your treatment, don’t hesitate to seek a second opinion. The time you invest today could protect your health and well-being for years to come.

Video: Medical Malpractice Second Opinion

Your Medical Malpractice Attorney in South Carolina

The Law Offices of David L. Hood has been fighting for the rights of workers across South Carolina for over 30 years. We have a dedicated team that will strive to take care of your medical malpractice claim professionally and treat you with respect. We, along with co-counsel have represented hundreds of patients, working hard to get them the compensation they deserve.

To learn more about what we can do for you, contact our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. To get in touch with us, chat, text, email, or call today!

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Categories
Motor Vehicle Accidents

Uninsured Motorist Accidents
in South Carolina

Uninsured Motorist Accidents in South Carolina
Two cars involved in a rear-end collision, highlighting the dangers of uninsured motorist accidents.
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Uninsured motorist accidents can be stressful, confusing, and expensive for victims in South Carolina. When another driver causes a crash but does not have insurance, you may wonder who will cover your medical bills, lost wages, and vehicle repairs. Thankfully, South Carolina has specific laws and insurance requirements that help protect people in these situations.

What Are Uninsured Motorist Accidents?

Uninsured motorist accidents happen when you are hit by a driver who does not have the legally required auto insurance. Even though all drivers in South Carolina must carry insurance, not everyone follows the law. If an uninsured driver causes a wreck, the injured party could face financial hardship without proper coverage.

Uninsured driver statistics

Did you know that approximately one out of every eight people on South Carolina roads is driving without insurance?

Those who do have insurance are only required to carry $25,000 of liability coverage. This means if you are in a car accident by no fault of your own, the at-fault driver’s insurance may only cover $25,000 of your losses. Therefore, it’s important for you to know all your insurance coverage options to make sure you are well-covered in the unfortunate event of an accident.

What vehicle insurance is required in South Carolina?

According to the South Carolina Department of Insurance (DOI), “Drivers are required to carry liability and uninsured motorist coverage with the following limits:  $25,000 Bodily Injury Per Person / $50,000 Bodily Injury Per Accident / $25,000 Property Damage Per Accident.”(DOI.SC.gov)

Underinsurance is not required in South Carolina; however, insurance companies are required to offer underinsurance for you to purchase.

Uninsured Motorist Accident Insurance versus Underinsured Motorist Accident Insurance

Uninsured motorist insurance covers your losses when the at-fault party has no insurance or leaves the scene without providing you with any information.

Underinsured motorist insurance covers your losses when the at-fault party has insurance, but not enough to cover all of your damages.

“The at-fault driver’s insurance will typically pay for all damages up to his or her auto insurance policy limits, then your underinsured motorist coverage may cover the excess amount up to the limits you select.”(AllState.com)

Why Uninsured Motorist Accidents Are Complicated

Uninsured motorist accidents can become legally complex. Insurance companies may try to limit what they pay, even under your own policy. Proving the extent of your injuries, property damage, and other losses is often necessary to receive full compensation. In some cases, you may also deal with underinsured drivers—those who carry insurance but not enough to cover the damage they caused.

What should I do after an uninsured motorist accident in South Carolina?

After an uninsured motorist accident, call the police, get medical attention, and report the crash to your insurance company right away. Because these cases can be complicated, it’s also smart to contact an attorney.

How a Lawyer Can Help After an Uninsured Motorist Accident

If you’ve been injured in an uninsured motorist accident, an experienced attorney can help protect your rights. A lawyer can:

  • Review your insurance policy
  • Negotiate with your insurance company
  • Calculate the true value of your claim
  • Represent you in court if needed

Having legal help ensures you are not left paying for damages that were not your fault.

Uninsured Motorist Accidents in South Carolina

The Law Offices of David L. Hood – Serving Car Accident Victims in South Carolina

If you have suffered a collision in South Carolina, the legal team at The Law Offices of David L. Hood will help you navigate the situation professionally. We have years of experience in helping people involved in serious accidents figure out the legal requirements and details needed to move forward after an accident. After gathering all the necessary information, we will pour our efforts into building your case to get a fair settlement or take it to court if the need arises.

Our entire team has years of experience representing various clients and car accident victims in South Carolina. Having a passion to help, we offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent-fee based case. You don’t pay unless we get a recovery in your case.

Schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

For more information on how we can help with motor vehicle accidents, please click here.

Uninsured motorist accidents in South Carolina can leave victims facing overwhelming medical bills, lost income, and emotional stress. Because these cases are often complicated, speaking with a knowledgeable attorney can help you understand your options and fight for the compensation you deserve.

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Categories
Medical Malpractice Lawyer

Best Hospitals in South Carolina

Best hospitals in South Carolina
Picture of MUSC with the words MUSC Ashley River Tower across the front
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Are you looking for the best hospitals in South Carolina?

Best Hospital in South Carolina: Medical University of South Carolina

Every year, U.S. News & World Report evaluates hospitals in every state and gives them a ranking based on their performance with certain procedures and conditions as well as their specialties. Despite evaluating 89 South Carolina hospitals, only nine met the high U.S. News & World Report standards. The best South Carolina hospital, according to this list, is Medical University of South Carolina (MUSC) in Charleston. This marks the tenth year in a row that MUSC was ranked number one, with three adult specialties and 16 procedures and conditions considered “high performing”. MUSC is also nationally ranked in one adult specialty and four pediatric specialties. (Health.USNews.com)

The three adult specialties are:

  • Cancer
  • Neurology and neurosurgery
  • Urology

Nationally ranked specialties:

  • Obstetrics and Gynecology
  • Pediatric cardiology and heart surgery (#2 in the nation)
  • Pediatric cancer
  • Pediatric gastroenterology and GI surgery
  • Pediatric nephrology

How does US News & World Report evaluate hospitals?

Each hospital evaluated by U.S. News & World report were judged by two criteria:

  1. Specialty rankings – “…meant for patients with life-threatening or rare conditions who need a hospital that excels in treating complex, high-risk cases.” These rankings help if you have a rare condition or may have a difficult diagnosis that isn’t treated at many facilities.
  2. Procedure and condition ratings – “…focus on specific, common procedures and conditions, such as hip replacement and heart failure, rather than broader specialties like orthopedics and cardiology. These ratings reflect how well hospitals perform in each procedure or condition for the full range of patients – not just the most complex, challenging cases as in the specialty rankings.” (Health.USNews.com)

Top South Carolina hospitals also on the list

The other eight top SC hospitals on the list include:

  • Lexington Medical Center in Columbia
  • Roper Hospital in Charleston
  • Grand Strand Regional Medical Center in Myrtle Beach
  • Bon Secours St. Francis Health System – Greenville
  • Prisma Health Greenville Memorial Hospital
  • Spartanburg Medical Center
  • Trident Medical Center in Spartanburg
  • Prisma Health Richland Hospital in Columbia

Of these eight, only two (Lexington Medical Center and Prisma Health Richland Hospital) are in the Midlands of South Carolina (Health.USNews.com). 

Another Top Hospital in South Carolina

Lexington Medical Center in Columbia has placed on this short list four years in a row. They rank second again this year. This hospital was considered high performing for 15 adult procedures and conditions. Some of these include:

  • Cancer
  • Cardiology
  • Gastroenterology
  • Neurology
  • Orthopedics
  • Pulmonology
  • Urology

The average patient experience is a rating of four out of five stars. (HealthUSNews.com)

Safest Hospitals in South Carolina

“The Leapfrog Group is a nonprofit watchdog organization that serves as a voice for health care consumers and purchasers, using their collective influence to foster positive change in U.S. health care.” This medical watchdog group publishes hospital safety scores biannually, in the spring and in the fall. These ratings are based on errors, accidents and infections.

In The Leapfrog Group’s Spring 2025 Hospital Safety Grades, “South Carolina ranked fifth among states with the safest hospitals overall, with 47.1% of its facilities earning an A ranking.” The State Newspaper

In Spring 2025, South Carolina was one of six states in the nation with the highest percentage of A grades, along with Utah, Rhode Island, New Jersey, Connecticut, and Virginia.  

Of the 52 ranked hospitals in SC, 24 received an ‘A’ grade, 11 received a ‘B’, 15 received a ‘C’, and 1 received a ‘D’. Cherokee Medical Center in Gaffney did not respond to the survey. Therefore, they received no grade. No SC hospitals received a grade of ‘F’.

The Leap Frog Group grading method

The Leap Frog safety grades are based on two domains: Process/Structural Measures and Outcome Measures

  • “Process Measures represent how often a hospital gives patients recommended treatment for a given medical condition or procedure. For example, “Responsiveness of hospital staff” looks at patients’ feedback on how long it takes for a staff member to respond when they request help. Structural Measures represent the environment in which patients receive care. For example, “Doctors order medications through a computer” represents whether a hospital uses a special computerized system to prevent errors when prescribing medications.
  • Outcome Measures represent what happens to a patient while receiving care. For example, “Dangerous object left in patient’s body” measures how many times a patient undergoing surgery had a dangerous foreign object, like a sponge or tool, left in his or her body.” (TheState.com)

To learn more about how these grades are determined and how to find your hospital’s rating, go to The Leapfrog Group .

It is important not to reject emergency treatment due to any of these rankings. Instead ask your doctor which hospital may be best for treatment.

Video: Best Hospitals in South Carolina

Contact The Law Offices of David L. Hood for a Free Medical Malpractice Consultation

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Other online resources used for this article:

https://www.postandcourier.com/health/us-news-world-report-musc-ranked-no-1-hospital-in-sc-again/article_acf96eb8-ee1a-11eb-8a5a-df58609374d8.html

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Categories
Workers’ Compensation Lawyer

How Much Will Workers’ Comp Pay for an Amputation in South Carolina?

How much will workers' comp pay for an amputation in South Carolina?
New amputee learning to walk again
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If you’ve lost a limb (or the use of a limb) in an on-the-job accident in South Carolina, you’re probably out of work and trying to stay afloat in a sea of bills. You may be considering filing a workers’ compensation claim, but that can be a long and challenging process. Ultimately, you probably have one question at the top of your mind: What is the value of my case?

The most honest answer to this question is: It depends. The only way to get an honest assessment of the value of your claim is to contact an experienced workers’ compensation attorney . We can learn about the unique facts of your case and give you our opinion about how you should proceed.

However, don’t get discouraged if you’re just looking for some basic information that can help you figure out how much your case might be worth. While it’s no substitute for a consultation with an experienced lawyer, we’ll provide a quick overview of the formula that the South Carolina Workers’ Compensation Commission (WCC) uses to determine the value of workers’ compensation claims involving the loss of a limb.

The Formula for Workers’ Compensation Claims, Part One: Determining Your Injuries

Like many other states, South Carolina has created a formula that the WCC uses to calculate workers’ compensation benefits for any given case. The first part of this formula for cases involving amputations (“scheduled loss of use” cases) involves determining which parts of your body were injured. Then consulting Section 42-9-30 of the South Carolina Code of Laws to see how much compensation that injury is worth.

This section of the code can be a disturbing read, as it goes into painstaking and blunt detail about the loss of various body parts and how much compensation those body parts are “worth” in weeks of compensation. The section includes lots of language like:

“The loss of the first phalange of any toe is considered to be equal to the loss of one half of such toe and the compensation must be for one half the periods of time above specified.”

The code is very specific about how many weeks’ worth of compensation injured workers can receive based on the body parts that were injured. For example, according to the code, the loss of a leg is “worth” 195 weeks.

The Formula for Workers’ Compensation Claims, Part Two: Calculating Your Compensation Rate

Once the WCC has determined what body parts were lost or affected because of an injury and added up the number of weeks, they’ll multiply that number by your compensation rate. To figure out your compensation rate, they’ll calculate how much money you made per week on average over the four quarters leading up to the quarter when the injury occurred. Then, they multiply that weekly average by 66 and two-thirds percent (0.6666).

An Example of a Scheduled Loss of Use Benefits Calculation

Let’s put this all together in an example. Let’s say a worker lost the use of their arm in a workplace accident. During the four quarters prior to the accident, they made $750 per week on average. The WCC will consult the state code and see that the loss of an arm is “worth” 220 weeks of compensation, then apply the formula:

(Number of weeks) x (Compensation rate) = Total compensation

Remember that the compensation rate is 66 and two-thirds percent of the worker’s average weekly rate. So, in this case, the formula would apply like this:

220 weeks x ($750 x 0.6666) = $108,900

In this case, the WCC would calculate the value of the worker’s claim at $108,900.

What Happens When Mathematical Formulas Meet Real-World Cases?

The idea of applying a mathematical formula to workers’ compensation claims seems logical, if a little cold-hearted. But, real-world injury cases are almost never as straightforward as the example above.

For example, let’s say a worker didn’t completely lose their arm, but instead suffered injuries that left their arm partially disabled. In this case, the WCC will try and determine exactly how disabled the body part is. Then apply a percentage to the disability. (Example: The loss of an arm is worth 220 weeks, so a 50 percent disabled arm is worth 110 weeks.)

But how can you pin an exact percentage on a person’s disability? Even two doctors might disagree. One might examine the worker and say their arm is 45 percent disabled, while another might say 65 percent.

To try and address this problem, the WCC considers two factors that help gauge the extent of workers’ injuries:

  • Medical impairment rating is an overall assessment of loss of function and mobility as well as disfigurement. It’s based on medical records and testimony from doctors.
  • Workers’ compensation disability rating is based on how difficult the worker’s injuries will make it for them to find comparable work in the future. For example, the loss of a leg might not prevent an administrative professional from getting another similar job. But it could be career-ending for an on-site construction worker.

However, the fact remains that there’s always a degree of subjectivity in assessing injuries and degrees of disability. That’s why it’s important to work with an experienced attorney who can handle your South Carolina workers’ compensation claim. If you’ve lost a limb or the use of a limb on the job, you need an attorney who can gather all the relevant medical evidence and then convey the real extent of your injuries using terms the WCC will understand and take seriously.

David L. Hood: Advocating for Injured Workers in North Myrtle Beach, Myrtle Beach, Murrells Inlet, Georgetown, and Throughout South Carolina

To learn more about your rights as an injured worker and receive the care and attention your workers’ compensation case deserves, contact The Law Offices of David L. Hood, a South Carolina law firm who along with his co-counsel legal team has years of experience representing injured workers before the WCC.

We handle all cases on a contingent fee basis. You won’t pay any attorney’s fees or expenses unless we win your case or negotiate a successful settlement.* Call our offices at (843) 491-6025 or fill out our online contact form to schedule your free consultation today.

*Clients are not liable for any expenses, unless there is a recovery in their case. However, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

References

Title 42, Workers’ compensation, chapter 9, compensation and payment. S.C. Code of Laws § 42-9-30. Retrieved from https://www.scstatehouse.gov/code/t42c009.php

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Medical Malpractice Lawyer

Medication Errors in Pharmacy in South Carolina

Medication Errors in Pharmacy
A patient handing a written prescription to the pharmacist.
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Medication errors in pharmacy can cause serious health problems or even death. When you trust a pharmacy to fill your prescription, you expect them to get it right. But sometimes, pharmacists or pharmacy staff make serious mistakes that put your health at risk.

Getting the wrong medication or dosage from the pharmacy and suffering serious harm sounds like a nightmare, but it’s shockingly common!

Pharmacy error statistics

According to the University of Connecticut’s School of Pharmacy, out of all the prescriptions filled in the US 1-5 percent of them involve some kind of error. According to the same report, prescription labels with incorrect directions are the most frequent type of errors. Giving the wrong dosage for a medicine is the second most common error pharmacists make.

According to the World Health Organization (WHO), medication errors cause at least one death every day and injure about 1.3 million people annually in the United States.  

So, what happens when a medication error puts your health and well-being in jeopardy? Do you have any legal recourse against the pharmacy or the person who made the mistake? Would you know what to do if a prescription error hurts you or someone you love?

Causes of prescription errors

Dispensing medication can be a complex process. Therefore, the pharmacist can make an error anywhere in the process. In most cases, these errors are accidental. Here are some of the reasons medication errors in pharmacy happen:

  • Poor communication between pharmacy and medical professionals, or the pharmacy and the patient
  • Confusion caused by ambiguous product names, poorly written directions, or hard-to-decipher medical abbreviations or handwriting
  • Failure to employ proper procedures and techniques for prescribing and dispensing medications
  • Lack of product knowledge or training on the part of pharmacy staff
  • Job stress, apathy, or outright carelessness on the part of pharmacists, pharmacy staff, or other medical professionals

The lawsuits that result from medication errors are often complex and require an extensive understanding of the prescription drug system on the part of the attorneys who handle them.

Most common medication errors

A pharmacy dispensing error happens when the pharmacy gives you the wrong drug, wrong dosage, or wrong instructions. Some common mistakes include:

  • Giving a medication meant for someone else
  • Misreading the prescription
  • Confusing drugs with similar names
  • Incorrect dosage or instructions

These errors can happen at big chain pharmacies or small local ones. Even experienced pharmacists can make mistakes when they’re rushed or distracted.

Side effects of taking the wrong medication

Taking the wrong medicine can cause serious side effects. In some cases, the wrong medication can lead to emergency room visits, long-term health problems or even death. Side effects may include:

  • Allergic reactions
  • Trouble breathing
  • Heart problems
  • Internal bleeding
  • Dangerous interactions with other medications
  • Death

That’s why it’s important to catch these mistakes quickly.

How to prevent medication errors

Prevention is preferred over treatment. Therefore, it is wise to try to avoid medication errors in pharmacy in the first place. This way you won’t have to file a claim or sue the pharmacy for any damages later on.

Here are a few ways to help protect yourself from pharmacy mistakes:

  • Double-check the label – Before leaving the pharmacy, make sure your name, the medication name, and the dosage are correct.
  • Know your meds – If the pill looks different from what you usually take, ask the pharmacist.
  • Ask questions – Don’t be afraid to speak up if something seems off. You have the right to a patient-pharmacist counseling session. You can ask about any side effects, interactions and other critical information at this time.
  • Keep a list – Write down all the medications you take and update it often.

Even though pharmacists are trained professionals, don’t hesitate to be your own advocate.

What to do if you’ve been harmed by a medication error

Whether a medication error constitutes pharmacy malpractice , depends on the behavior that led to the error. If a doctor, pharmacist, or pharmacy staff member failed to follow established guidelines and practices for their field and didn’t exercise the reasonable care that’s expected of a medical professional, then they might have committed malpractice.

RELATED: 5 Common Examples of Lawsuit-Worthy Medical Malpractice

A pharmacist could have committed malpractice if they:

  • Gave you the wrong medication
  • Gave you the wrong dosage of a medication
  • Didn’t warn you about all the risks associated with the medication, including potential harmful interactions between different drugs
  • Dangerously mixed different prescription drugs that shouldn’t go together

Reporting pharmacy mistakes

If you think your pharmacy made a mistake, take action right away:

  • Stop taking the medicine immediately.
  • Call your doctor or go to the emergency room if you’re having symptoms.
  • Report the error to the pharmacy manager.
  • Document everything – Keep the pill bottle, take notes, and save receipts.
  • File a report with the South Carolina Board of Pharmacy or the SC Department of Public Health.

Reporting helps protect you and others from future mistakes.

Medication error case

Medication errors in pharmacy are serious. The law allows you to hold pharmacies accountable for their actions.

If you were harmed by a pharmacy’s mistake, you may be able to file a medication error lawsuit. A pharmacy malpractice attorney can help you:

  • Prove the pharmacy’s error
  • Show how it affected your health
  • Seek compensation

Pharmacy malpractice compensation

Medication errors in pharmacy can change your life. Pharmacy malpractice cases can be complex, but an experienced lawyer will know how to fight for your rights.

If you are the victim of pharmacy malpractice, you might be entitled to receive compensation to recover damages. In a successful case, you may receive compensation to help cover:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Funeral costs (in wrongful death cases)

If a pharmacy gave you the wrong medication, and you were injured because of the mistake, don’t wait. Talk to a lawyer who handles these kinds of cases. You deserve answers—and justice.

Video: Can I Sue My Pharmacy for Giving Me the Wrong Medication?

The Law Offices of David L. Hood: Representing Pharmacy Malpractice Victims Throughout South Carolina

Prescription errors can lead to untold pain and suffering for patients, but the legal system helps victims hold the people who hurt them accountable. For pharmacy malpractice victims, Attorney David L. Hood and his co-counsel legal team have over 30 years of experience handling pharmacy malpractice cases. This accomplished team can draw from a professional network of doctors, nurses, and other medical experts. We can help determine the cause of a medication mistake and provide expert testimony if medical negligence played a role in your case.

If a pharmacy error caused suffering for you or someone you love, Attorney David Hood will fight with determination and explore every available legal option to get you the justice and compensation you deserve.

Contact The Law Offices of David L. Hood today to speak with an attorney and get a free, no-risk initial assessment of your case. Call us at (843) 491-6025 or fill out our easy online contact form and we’ll follow up with you right away.

Don’t let a pharmacy’s mistake go unchecked—speak up, take action, and get the help you need!

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