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Personal Injury Law Blog

Steps to Take If You Feel Like Your Surgeon Committed Negligence

If you feel your surgeon committed negligence, you should get medical attention immediately and request and preserve your medical records. Document all your surgical error-related damages and never wait to speak to a medical malpractice lawyer in Greenville, SC. There are deadlines and procedures for filing a malpractice claim that you must keep in mind.

In South Carolina, a surgical mistake becomes malpractice when the surgeon fails to meet the accepted standard of care and that failure injures you. Taking prompt, structured action protects evidence, preserves deadlines, and improves your ability to hold negligent providers liable for your losses. Our surgical malpractice lawyers in Greenville, SC, at Parham Smith & Archenhold LLC can guide you through this process from the first signs that something went wrong.

Get Immediate Medical Help

If you experience severe pain, swelling, fever, breathing problems, or unusual bleeding after surgery, seek prompt medical care. For example, untreated internal bleeding after abdominal surgery can quickly become life-threatening. A retained sponge may cause infection weeks later. Delayed treatment also increases both medical risk and long-term damage. Go to all your follow-up appointments and comply with your doctor’s discharge instructions. You should also document new symptoms clearly.

Secure Your Medical Records in Greenville, SC

Obtain your complete medical file from the hospital, including:

Hospitals such as Bons Secours St. Francis and Prisma Health Greenville Memorial Hospital maintain detailed operating room documentation. These records will serve as the backbone of your surgical negligence claim.

Surgical negligence cases often involve layered harm:

Keep copies of medical bills, pharmacy receipts, and proof of missed work. Keep a detailed record of how your injury impacts your life. Detailed documentation helps establish your damages under South Carolina law.

Know South Carolina’s Deadlines and Procedures

In South Carolina, most medical malpractice claims must be filed within three years under § 15-3-545. You must also complete specific pre-suit steps before filing in court. Section 15-79-125 requires an expert affidavit and Notice of Intent, followed by mediation. Courts may dismiss your claim if it doesn’t strictly comply with these requirements.

South Carolina also applies a six-year statute of repose in malpractice cases. In most situations, no claim may be filed more than six years after the date of the medical treatment, regardless of when the injury is discovered. A limited exception may apply if a foreign object was left inside your body.

Surgical negligence cases require expert review and procedural precision. A Greenville, SC, medical malpractice attorney can help secure your records quickly, consult board-certified surgical experts, and evaluate whether the standard of care was breached during your surgery.

Hospitals and insurers prepare strong defenses early. A structured investigation and credible expert testimony will improve negotiation leverage and trial readiness in Greenville County courts. A lawyer can also calculate damages thoroughly, including future medical needs and lost earning capacity.

Know What NOT to Do After Getting Injured Due to Surgical Negligence

Certain mistakes can weaken your case:

Insurance representatives may contact you early. However, a quick settlement will not reflect the full value of your surgical injury claim. Careful communication and legal guidance, on the other hand, help protect your position.

Injured During Surgery? Our Medical Malpractice Attorneys in Greenville, SC, Can Safeguard Your Rights

If you suspect your surgeon committed negligence, talk to our Greenville, SC, medical malpractice lawyers at Parham Smith & Archenhold LLC. Reach us online or call 864-432-1796 for your free case assessment.