When it comes to medical care, not every bad outcome constitutes malpractice. Doctors make mistakes just like we all do. However, when a doctor lacks the proper skill and training to treat a particular condition or makes errors in the course of treatment that are not in keeping with widely accepted medical standards, the doctor may be liable for medical malpractice. The Columbia injury lawyers at Proffitt & Cox, LLP offer experienced representation to victims of medical malpractice and their families.
Medical errors which result in permanent injury, cause significant or costly complications, or which lead to the death of a patient should generally be investigated to determine if the care provided was below the standard of care required in the medical profession. Review of a potential medical malpractice case for merit involves acquiring copies of all relevant medical records and review of those records by a qualified medical expert.
Successful pursuit of a medical malpractice case requires the assistance of one or more medical experts who conclude that malpractice occurred and that negligence of the treating physician was the reason for the poor result suffered by the patient. South Carolina protects doctors from doubtful claims by requiring the patient’s lawyer to obtain an affidavit of merit from an expert witness before the case can even be filed.
Contact our experienced South Carolina medical malpractice lawyers by calling 8038347097 or toll free at (877) 276-0533 if you are interested in having your potential claim reviewed.
Medical malpractice occurs when there is a doctor and patient relationship, the doctor fails to act in accordance with accepted medical standards of care, and the patient is injured as a result. Our firm has the resources to investigate your potential medical negligence claim. Some common acts of medical negligence include:
Each state has a specific statute of limitations that determines how long an individual has to file a medical malpractice lawsuit based on when the malpractice occurred or when it was discovered. In South Carolina, the statute of limitations can be either two or three years depending upon whether the care was provided by a government physician or facility or by a private doctor or hospital. The statute of limitations can be extended for significantly longer periods pursuant to the discovery rule when the patient was not in position to recognize early on that the doctor’s actions might give rise to a claim. An attorney needs to review the facts of a particular case in order to determine when the statute of limitations began to run and how long the patient has to bring their claim.
We offer free initial consultations for all injury cases. We handle injury cases on a contingency fee basis which means that our fees are a percentage of what we recover for you. You will not owe us any attorney’s fees in such cases unless we are successful in obtaining compensation on your behalf.
Our South Carolina accident attorneys have recovered over $30 million in verdicts and settlements for our clients. These claims involved automobile accidents, trucking accidents, harmful prescription drugs, medical malpractice, product liability, slip and fall accidents and class action cases. Review our representative cases to see some of our past successes and review our client testimonials to see what some of our clients have to say about us.
Mistakes in the operating room are alarmingly more common than most would expect. Many of these are unthinkable actions that surgeons should never make, such as operating on the wrong body part or losing surgical equipment inside a patient’s body. Preventable surgical errors are medical malpractice that may cause patients tremendous amounts of pain and suffering.
Surgery is emotionally and physically difficult, and having to undergo extra operations due to medical negligence only adds to this strain. The Columbia injury lawyers of Proffitt & Cox, LLP provide legal assistance for victims of surgical errors and can investigate and pursue your claim. Attorneys David Proffitt and Ron Cox have held negligent medical professionals accountable for surgical errors and other medical malpractice throughout their careers, including a recovery of $3 million for a victim who suffered a post-surgical infection.
A study led by Johns Hopkins University School of Medicine found that surgeons make significant mistakes over 4,000 times a year. Nearly one-third of patients suffered permanent injury from these errors, and almost 60 percent suffered temporary injury. Some doctors suggest that the errors reported in the study are likely only a small portion of the total number of mistakes, since most states do not require medical professionals to report surgical errors.
Many errors that happen during surgery involve simple miscommunications that can cause severe consequences. Medical professionals or the hospital staff may enter information into a database incorrectly as well as mix up patient medical records, X-rays or other test results. They can even confuse two patients with similar names.
Our Columbia injury attorneys have successfully represented other victims of medical malpractice and would appreciate the opportunity to speak to you about your case. Contact our South Carolina law firm by calling locally at 803-834-7097 or toll free at (877) 276-0533 and schedule your free consultation.
We depend on hospitals and their staff to provide us with accurate and prompt diagnoses as well as proper treatments. Because medical malpractice can carry severe consequences for patients, these medical professionals must always provide the best care possible. When hospitals make diagnostic errors, health conditions may significantly worsen. Patients may also develop additional medical issues or suffer from wrongful death.
We secure recoveries for victims of misdiagnosis and delayed diagnosis. We can help determine when medical professionals are at fault, and ensure that victims are not responsible for the unnecessary medical expenses that the malpractice has caused.
If a medical professional makes a mistake that another professional acting with reasonable skill and care would have avoided, this negligent medical professional may have committed malpractice. Determining how he or she arrived at a specific diagnosis is crucial in determining whether the medical professional acted competently.
Sometimes diagnostic tests may give hospitals inaccurate results. In this case, the physician may not be at fault, but a lab technician or another individual could be responsible. This can occur if diagnostic equipment is defective or if an individual made a mistake, such as mixing up samples or using an improper procedure.
Victims of medical malpractice can experience additional and potentially fatal conditions. Negligent medical professionals who misidentify medical issues may inflict significant harm on their patients. For years, our Columbia injury lawyers have worked with medical malpractice victims and their families to ensure they receive the recovery they deserve for their injuries. If you suffered from medical malpractice, contact our Columbia injury attorneys today by calling locally at 803-834-7097 or toll free at (877) 276-0533.
If you suffered from a medical error, you may be able to hold the doctors or other medical professionals accountable for the complications they caused. Committing medical malpractice is a serious offense, and the hospital staff must act in accordance of the medical-accepted standards of care at all times before, during and after surgery. Preventable mistakes can cause severe medical problems as well as the wrongful death of someone you love.
We can help you recover what you need to pay for the unnecessary medical expenses and losses you suffered caused by medical malpractice. Contact our South Carolina law firm today by calling us at 803-834-7097 or toll free at (877) 276-0533 to find out how our Columbia injury attorneys can assist you.
About one million medication errors occur every year, which also leads to the wrongful deaths of approximately 7,000 patients annually. Preventable medication errors frequently cause adverse drug events. When negligent medical professionals and hospitals commit careless drug mistakes, patients may suffer from additional health problems that professionals acting with a proper standard of medical care would have avoided. The Columbia injury lawyers at Proffitt & Cox, LLP know the effects of medication errors, and offer victims of this harmful form of medical malpractice experienced legal representation for their cases.
Medication errors happen when preventable events cause medications to be used improperly. These errors can cause adverse drug events, in which a patient experiences a harmful reaction to medication. Different types of medication errors exist, including the following:
Most medication errors occur in doctors’ offices, pharmacies, nursing homes as well as hospitals and are often the fault of health care providers. Medication errors are frequently the result of the following events:
Many of these medication errors can be prevented by improving communication between all those involved. However, some argue that hospitals are not encouraged to limit these mistakes, because patients frequently endure the financial costs of medication errors. Victims of drug errors are often forced to pay for their own surgeries to repair the damages they suffered due to medication errors, because most are unaware of their legal right to compensation. This means that drug error victims do not threaten hospital profits, and therefore, hospitals do not have any incentives to change their standards of care.
Health care providers must understand that medication errors are just as serious as any other form of medical malpractice. These mistakes may force patients to seek additional medical treatment as well as suffer from additional problems. Health care providers must accept responsibility for this damage.
Our Columbia injury lawyers have recovered significant amounts of compensation for victims of medication errors and drug injury. We work diligently to get each client the necessary recovery they deserve for medical expenses, lost wages in addition to pain and suffering. If you suffered from a medication error caused by a negligent health care provider, contact our South Carolina injury attorneys by phone locally at 803-834-7097 or toll free at (877) 276-0533 to schedule a free personal injury consultation.
When it comes to medical care, not every bad outcome constitutes malpractice. Doctors make mistakes just like we all do. However, when a doctor lacks the proper skill and training or makes errors in the course of treatment that are not in keeping with accepted medical standards, the doctor may be liable for medical malpractice. When these errors occur during the management of prenatal care or during labor and delivery, the effects on your child can be devastating. The Columbia injury lawyers at Proffitt & Cox, LLP offer experienced medical negligence representation to children and their families.
Review of a potential medical malpractice case for merit involves acquiring copies of all relevant medical records and review of those records by a qualified medical expert. Successful pursuit of a medical malpractice case requires the assistance of one or more medical experts who conclude that malpractice occurred and that negligence of the treating physician was the reason for the poor result suffered by the patient. South Carolina protects doctors from doubtful claims by requiring the patient’s lawyer to obtain an affidavit of merit from an expert witness before the case can even be filed.
Making sure newborns are born healthy is a lengthy process, and physicians can commit medical malpractice long before the child is born. Birth injury negligence can occur during prenatal care and childbirth.
Negligent prenatal care is often to blame for many medical conditions experienced by mothers and their infants. Some errors commonly made by physicians and obstetricians include:
Negligence during the delivery of a child is another source of serious birth injuries. This is a time when medical professionals must pay close attention to the health of the mother and child, and act with care to ensure a successful delivery. Mistakes during childbirth include:
Errors committed in any stage of pregnancy or childbirth can cause a number of medical conditions. Some injuries include:
Adjusting to life after a birth injury can be difficult. Children with birth injuries may suffer from disabilities that require significant, lifelong medical care. If you sustained injuries while giving birth, or if your child experienced a birth injury due to medical malpractice, you should not be responsible for the medical expenses resulting from this birth injury.
Our Columbia injury attorneys want to work on your behalf to seek compensation for past medical treatments, future medical care which may be needed, loss of earning potential, pain and suffering in addition to any other damages. Individuals in South Carolina can contact our South Carolina injury attorneys by phone at 803-834-7097. You can also call us toll free at (877) 286-0533, or submit the online contact form on our website.
A bad outcome for a medical procedure does not always constitute as medical malpractice. However, physicians who fail to provide the required standard of care, lack training or the skill to provide the appropriate treatment a reasonably competent physician would provide may be at fault for medical malpractice. Medical professionals who make preventable errors are not following the accepted medical standards and may be held liable for medical negligence.
If you and your family are dealing with the consequences of physician negligence or hospital malpractice, the lawyers at Proffitt & Cox, LLP offer the following general explanations to common medical malpractice claim questions and does not constitute as legal advice. We have successfully represented medical malpractice victims in South Carolina, and we are available to provide legal advice for your specific situation if you call or submit a free case review form today.
If any of the following situations apply to you or a family member, you may want to seek legal advice regarding a potential claim for negligence or malpractice against a physician, hospital, nursing home or other medical care provider:
The review and analysis of a potential medical negligence claim are complex issues. Contact our lawyers to schedule a free consultation to discuss your case.
In South Carolina, a patient must prove that the actions or omissions of the physician, hospital, nursing home or medical provider did not meet the required standard of care under the facts and circumstances of a particular case. A physician or other medical provider must provide the level of care that a reasonably competent physician or provider in the same field would have provided.
In order to prove medical negligence, a physician who is an expert witness in the same field of medicine as the treating physician must be able to testify, to a reasonable degree of medical certainty, that it is more probable than not that the actions or omissions of the treating physician did not meet the required standard of care. The expert witness also must be able to testify that the physician’s negligence caused the injuries and damages suffered by the patient.
The first step in reviewing a potential medical malpractice case is to obtain all relevant medical records. You or your lawyer may request the records from the physician, hospital, nursing home and other medical providers involved in treating you or your loved one. The provider is required to provide a copy of the records to you and may charge you a copying fee as allowed by statute.
Next, an appropriate medical expert – a physician or other provider who practices in the same field of medicine as the treating physician or provider – must review the medical records and offer an opinion about whether the treating physician or provider acted negligently.
Next, the medical expert must sign an affidavit which identifies at least one negligent act or omission by the treating physician, hospital or medical provider. A notice of intent to file a lawsuit is filed in court, which results in a pre-lawsuit mediation.
If the case is not resolved at the pre-lawsuit mediation, the injured patient may file a lawsuit in court. If the patient is deceased, the lawsuit is brought by the personal representative of the patient’s estate. The personal representative must be appointed by the probate court.
The parties then engage in discovery, i.e., the exchange of written questions, documents and depositions. Fact and expert witnesses are deposed. Another mediation usually is required after the discovery process is complete. The defendant physician, hospital or provider may file a motion asking the court to dismiss the case as a matter of law. If that motion is denied, the case then proceeds to trial if the parties cannot agree on a settlement.
Contact our lawyers to schedule a free consultation to discuss your case.
In South Carolina, the statute of limitations to bring a medical negligence claim generally is three years against a private person or entity, and two years against a government defendant. The deadline usually begins to run when the negligent act or omission occurs. In some cases, the deadline may not begin to run until the negligent treatment is discovered. Determining the precise time that the statute of limitations begins is an important step that generally requires legal advice. If you believe that you have a claim, it is important to contact a medical malpractice attorney right away.
The review and analysis of a potential medical negligence claim are complex issues. Contact our lawyers to schedule a free consultation to discuss your case.
In order to bring a medical malpractice lawsuit in South Carolina, the injured patient must first obtain an affidavit from another physician who identifies at least one negligent act or omission by the treating physician, hospital or medical provider. A notice of intent to file a lawsuit must be filed in court and served on the defendant. A mediation must be held before the lawsuit may be filed in court. If the case is not resolved at this mediation, the injured patient may then file a lawsuit in court.
The two basic types of witnesses are lay witnesses and expert witnesses. A lay witness is an ordinary person, someone who does not have special expertise in a given field. A lay witness usually may testify about things that he or she personally observed or experienced, but may not offer opinion testimony. An expert witness is someone who, by training, education or experience, is considered an expert in a given field. An expert witness may offer opinion testimony about the breach of the standard of care and legal cause of damages suffered by the injured or deceased patient.
Testimony by an expert witness is required in a medical malpractice case because the witness must have training, education or experience in a particular field of medicine. The expert witness must explain the errors of the treating medical provider to the jury, and he or she must explain how those errors caused the injuries and damages suffered by the patient. The expert witness will offer his or her medical opinion about the case.
Physicians or other medical providers who live in the same area or state as the negligent physician or provider often are not willing to testify against a friend or neighbor. Consequently, the injured patient usually must ask an appropriate medical expert who lives in another state to review the medical records and testify in the case.
Our firm handles medical negligence cases on a contingency fee basis, which means that you do not owe us any fee unless we are able to obtain compensation for you. If we believe that your case might have merit, we will often perform a preliminary review of your medical records without charge. The next step is to have the case reviewed by an expert physician or medical provider. We can talk with you about the costs and options for having your potential case reviewed by an expert for merit.
While any act of medical negligence that causes you harm might technically mean that you have a valid claim, because of the time involved to pursue medical malpractice cases and the expense associated with having expert witnesses testify in the case, our firm generally does not agree to pursue medical malpractice cases unless the negligent treatment results in long-term or permanent injury or death. If the negligent care results in only a short-term situation that does not result in significant unnecessary medical expense, we usually are unable to accept the case. If you are unsure whether your damages are substantial enough to bring a claim, we will be happy to talk with you and discuss your particular circumstances without charge. We are happy to talk with you and answer your questions.
South Carolina’s legislature passed a statute that limits the amount that can be recovered in medical malpractice cases in certain situations. The limits are subject to various exceptions, and in some situations the limits do not apply. The limits also are increased each year for inflation. A medical malpractice attorney can discuss the issues in your case and whether the statutory limits might affect the value of your claim.
There are numerous issues that can arise in the course of medical care which are fertile ground for medical malpractice. Surgical errors, failures to properly diagnose, delayed diagnosis, failures to order required diagnostic tests, failure to provide proper treatment, and errors during pregnancy or birth are common areas where malpractice can occur. Physicians and medical providers also are required to properly discuss the risks and alternatives of proposed treatments with patients prior to undertaking treatment in most situations.
Contingency fees are calculated based upon the gross amount recovered. Case costs paid by the firm are also reimbursed to the firm from the amount recovered. In most cases, the client will not be responsible for case costs if there is no recovery. Our agreement regarding fees and expenses applicable to your specific case will be provided in writing.
Any result our lawyers may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients. Each case must stand on its own merit based upon the facts and the law. Some cases referenced were handled by our attorneys while working at other firms, and in some cases, other lawyers participated in the representation of a client.
Over 50 Years of Combined Experience Serving The Midlands and The People of South Carolina. Get In Touch Today For a Free Consultation.
