Medical Malpractice lawyer David L. Hood knows how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury.
MEDICAL MALPRACTICE LAWYER FIGHTS FOR YOU!
Tough help for injured patients focused on positive results
When you see a medical doctor or any other healthcare person, you have a right to expect expert level services. But when a doctor you’ve trusted makes a mistake, you can suffer terrible results to your health, family and savings. That’s why the Law Offices of David L. Hood fights so hard to hold at-fault healthcare providers to account. We closely look into your case, consult with medical experts and collect the evidence you need to obtain full payment. Proving malpractice is often a complex and hard task. However, let us put our knowledge, skill and assets to work on your case today!
My experience with this firm has been nothing short of unbelievable. Mr. Hood and Tracey, his paralegal are very professional and dependable. I would definitely use them again.
valdena lawrence, 2022/07/10
Our experience with The Law Offices of David Hood was extremely pleasant. Mr. Hood is very knowledgeable and helpful. Tracey Weiland was very helpful and patient with our special needs. They were there during a difficult process for us. Went out of their way to explain things and walk us through the legal process. Thanks so much. Highly recommend their practice.
brenda deamer, 2022/09/06
The thing that I love most about them is that they listened to me thoroughly and didn’t try to interrupt until I was finished. Everything was related to me in layman’s terms and they made sure to ask that if I had any questions about anything. The fact that David came down from Columbia just to speak with me in person spoke VOLUMES TO ME! Peter, Ali and everyone that had a hand in case were always very professional and I always knew what was going on with anything involving my case. They took my case when a prominent firm in my city stated that they couldn’t help me so I feel very BLESSED that I had them fighting for me. A GODSENT!
Mark McDomick, 2021/06/09
Table of Contents
- Examples of Medical Malpractice in South Carolina
- Other types of malpractice you may consult a medical malpractice lawyer for
- Who can sue for medical malpractice in South Carolina?
- What is the medical malpractice lawsuit process?
- Statute of limitations in South Carolina
- Need a medical malpractice lawyer?
- Frequently Asked Questions
- Caps on damages in South Carolina medical malpractice cases
- The Law Offices of David L. Hood Offers Statewide Representation
- Contact a reputable medical malpractice lawyer in South Carolina
Examples of medical malpractice in South Carolina
Despite the progress in science and health, errors due to mistakes are still a threat to patients’ health and sometimes, even their lives. Common cases of malpractice include:
Anesthesia errors
Too much or too little drugs can be fatal for patients. Most importantly, they can have trauma due to coming awake during surgery or get brain damage from being deprived of oxygen.
Delayed diagnosis
A doctor’s failure to recognize the signs of heart disease, cancer or other diseases can delay treatment and allow the disease to further ravage the patient’s body.
Misdiagnosis
Making a mistake by thinking one condition is another can deprive a patient of proper, timely care. See our blog Misdiagnosis of Melanoma.
Medication errors
Mistakes can occur when the person making out the script fails to pass on the right drug or proper dosage the patient should receive. Problems can also happen when overworked pharmacists or techs misread an order or fill it with the wrong drug, or when nurses hand out someone else’s pills or dosages.
Surgical errors
Protocols are supposed to get rid of obvious errors, because patients are too often victims of hasty conduct and sloppy execution. Incision mistakes can lead to serious inner bleeding. Failing to confirm all facts before starting a procedure can result in the wrong operation being performed or on the wrong body part. See our blog Surgical Safety Checklist.
Failure to monitor
When hospitals provide services, they have a duty to keep a close eye on patients and give the correct treatment whenever needed. Failing to catch an infection or other adverse reaction to surgery can cause serious injury or the death of the patient.
Other types of malpractice you may consult a medical malpractice lawyer for:
Birth Injury
Birth injuries can happen before, during, or shortly after a child is born. If we believe we can help you, our firm works with experts to determine the extent of your child’s injuries and care needed for the future. We then focus on building the sound legal arguments needed to provide for your baby’s financial future.
Defective Medical Device Claims
Medical equipment is designed to fix adverse health conditions in your body. The U.S. Food and Drug Adm. (FDA) oversees the sale of these products. Unfortunately, they sometimes approve devices that have not had enough testing. Some of the most common have been recalled and have been the subject of lawsuits.
If you or a loved one has been injured by a defective medical device, call attorney David L. Hood now for your free initial consultation! If they believe they can help, he and co-counsel have what it takes to handle the complex task of taking on huge product companies.
Dangerous Drug
You assume the medication that your doctor has prescribed, and that has been approved by the FDA, will help you. If that drug injures you, you may have a right to sue. The Law Offices of David L. Hood and co counsel are skilled with cases involving prescription drugs.
Through detailed research, our attorneys focus on proving the primary issue, that a drug was dangerous, and it harmed you. Contact us now for a free initial consult.
Medicare & Medicaid Fraud
Most of the fraud against the Federal Government under the False Claims Act happens in the healthcare sector. This Act allows anyone with insider information of fraud against the Feds to file suit against the bad guys on behalf of the government.
This type of fraud can take place in billing, or in doctors getting kickbacks for referring Medicare or Medicaid patients to other healthcare providers.
If you’ve witnessed government fraud at work and would like to discuss possibly filing suit, contact The Law Offices of David L. Hood for a free, confidential, off-the-record consultation.
Nursing Home Abuse
Sadly, about 10% of nursing home residents will be the victims of abuse or neglect. However, due to mental decay, many of these cases won’t be reported. If your elderly family member has been abused, it’s time to contact attorney David Hood. Contact us now for your free, confidential, initial consultation!
Traumatic Brain Injury
A traumatic brain injury (TBI) is a head wound that causes damage to the brain and disrupts its normal function. TBIs occur when the head suddenly hits an object or when something pierces the skull and enters the brain tissue. A TBI can result in serious and long-lasting damage that affects your ability to perform everyday activities. Victims of TBIs often require a lifetime of care. Therefore, it is vital to hire a skilled brain injury lawyer to represent and protect your interests.
If you or a loved one has suffered a TBI, contact David L. Hood today at any of our South Carolina locations for your free initial consultation.
Who can sue for medical malpractice in South Carolina?
A medical malpractice case may be brought by an injured patient against a licensed health care provider, like a doctor, nurse, physical therapist, psychiatrist or other mental health provider. If the victim of the medical malpractice dies, and is from South Carolina, the executor of the estate (normally named in the Will) files the wrongful death claim. If there is no Will, an estate needs to be set up in Probate Court. Then the Personal Representative typically brings the lawsuit.
What is the medical malpractice lawsuit process?
- Free Consultation
- Discovery stage – uncovering evidence and consulting with experts
- Negotiating stage – seeking a fair settlement (or going to trial if necessary)
If you believe you or a loved one was the victim of medical malpractice in South Carolina, the first thing to do is to get all the medical records. Once you’ve done that, an expert needs to be able to review them and swear (in an affidavit) that they believe you received below a reasonable standard of care in South Carolina. The expert also needs to say that due to the substandard treatment- you suffered serious injuries and that you wouldn’t have suffered those injuries (or death) if you had gotten the right treatment.
Statute of limitations in South Carolina
In medical malpractice cases in South Carolina the Statute of Limitations is either two or three years. It all depends on where you or your loved one were treated. If it’s a teaching hospital (like The Medical University of South Carolina), it’s two years. If it’s a private company, then the limit is three years. To be safe, it’s best to file the lawsuit as soon as possible.
Need a medical malpractice lawyer?
Healthcare workers are human, and aren’t perfect and besides, not every mistake a doctor makes is grounds for malpractice. To bring a case, you should be able to show that the doctor made a mistake that an average, well-trained person would not have made and that the mistake injured you directly. This can be a tall order for a personal injury attorney, but with our knowledge and experience, we are prepared to manage these cases and give you the chance to recover the full amount you and your families deserve.
Frequently Asked Questions:
What are some examples of medical malpractice?
- Getting the diagnosis wrong.
- Surgical errors like leaving a spring or tool inside or operation on the wrong side.
- Failure to treat – the diagnosis is right, but the treatment is not.
- Birth injuries and prescription drug errors.
What do you need to file a medical malpractice lawsuit in SC?
- Need to show you received below the reasonable standard of care.
- Need to show that because of what happened, you suffered very serious injuries that you wouldn’t have, if you had gotten proper care.
- Need a medical expert to swear that they believe medical malpractice was committed.
How do you prove medical malpractice?
A medical expert needs to review your records and swear (by affidavit) that they believe at least one medically negligent action (or inaction) was committed by the healthcare provider.
This allows you to file a lawsuit. Then the litigation starts. Discovery, depositions, mediation and possibly a trial before a jury. Ultimately, the jury could decide if you’ve proved your case.
Caps on damages in South Carolina medical malpractice cases
In an effort to control healthcare costs in the state, South Carolina passed limits on pain and suffering damages in medical malpractice cases in 2005. (SCStateHouse.gov) The maximum amount a plaintiff can recover depends on the number of defendants in the case as follows:
- In any case against a single healthcare provider or institution, the maximum recovery is $350,000.
- In any case against more than one defendant, the total cannot exceed $1.05 million, and each defendant cannot be ordered to pay more than $350,000.
The caps do not affect the amount a plaintiff can recover for economic losses, including future medical expenses and future lost earnings.
The Law Offices of David L. Hood Offers Statewide Representation
No matter where you live in South Carolina we have a location near you! In fact, we have 18 locations across South Carolina to serve you. From Greenville to Hilton Head, and Columbia to Charleston to Myrtle Beach, you’re usually not more than 15-20 minute drive away. We also offer a free initial consultation- so you can get the answers you need today.
Contact a reputable medical malpractice lawyer in South Carolina
The Law Offices of David L. Hood provides highly responsive counsel and dogged support for patients injured by healthcare workers. To schedule a free consultation, call us at 843-491-6025 or contact our Murrells Inlet office online. If your injuries prevent you from coming to our office, we can come to you.
