LEARNED Attorney Fights Medical Malpractice in South Carolina
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
Common 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.
- 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.
- 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.
Of course, 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 is considered malpractice by a doctor?
Due to a negligent act or failure to act, the doctor causes serious injury or death to the patient. You generally need to show that the standard of care was violated and that a catastrophic injury was cause by the doctor’s negligence.
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. 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.
Contact a reputable attorney in South Carolina for your medical malpractice claim
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.