Understanding the Medical Standard of Care in Malpractice Lawsuits
Whether it be driving or maintaining your property as an owner, a person is expected to act with a certain level of care, given the task at hand. Of course, the standard of care is higher in medical care. In any medical interaction, a healthcare professional must act with the same competence as another physician in the same specialty. When a provider deviates from the standard of care, a patient is likely to suffer harm. If you have suffered harm due to a physician’s poor judgment, reach out to our Greenville medical malpractice lawyers.
What is the Medical Standard of Care?
While most medical errors are completely avoidable, many occur due to a physician not meeting the same level of care as the rest of the medical community. The medical standard of care is determined by what a physician would do in similar circumstances, given the same training, skills, and experience. The standard of care does not mean that the doctor provided optimal care, but rather that they took the same actions as a reasonably competent provider.
Examples of Breaching the Standard of Care
A medical professional violates the standard of care when he or she:
- Misinterprets a blood test or medical imaging
- Fails to order diagnostic tests
- Prescribes the wrong medication or incorrect dosage
- Operates on the wrong site or the wrong person
- Misdiagnosing a medical condition, overlooking symptoms, or ignoring your previous medical history
Why Does the Standard of Care Matter?
Healthcare providers cannot be held accountable for their actions if they do not understand what is expected of them. Although physicians have differing opinions, each provider may provide an acceptable standard of care. Medicine is complex, so it is your right to get more than one medical opinion and to choose what treatment makes the most sense to you. Successful outcomes are not guaranteed, so you cannot sue a healthcare professional unless the provider failed to meet his or her ethical obligations.
How Long Do You Have to File a Medical Malpractice Claim in Greenville, SC?
South Carolina Code §15-3-545 gives you three years to file a claim following medical malpractice. Medical malpractice claims are unique in that a person may not be aware of their injury until a later date. So, the legal “clock” starts following the date of injury or the date of discovery. Unlike other personal injury claims, you will need to obtain a certificate of merit.
This affidavit must be obtained from a different physician (not the one who treated you), confirming that medical negligence occurred and listing the facts to support it. The physician must address how your treating physician failed to meet the standard of care. It can be a complex process to obtain this affidavit, which is why our medical malpractice lawyers at Parham Smith & Archenhold, LLC, are more than happy to assist you.
Contact Our Greenville Medical Malpractice Attorneys Today
Healthcare professionals have a legal and medical obligation to use their best clinical judgment in treating patients. If you have been harmed at the hands of a physician, our Greenville medical malpractice lawyers are happy to assist you in filing your claim. To arrange your free consultation, contact Parham Smith & Archenhold, LLC, today online or by calling (864) 432-1796.