What Falls Under Medical Negligence in SC?
Medical negligence is not something a patient can plan for. It is the legal responsibility of the healthcare professional to maintain a standard of care for every patient they treat. Unfortunately, a failure to maintain this standard can lead to medical negligence, injuring the patient. At Parham, Smith, & Archenhold, LLC, our medical malpractice lawyers in Greenville have decades of experience helping injured clients pursue the compensation they deserve.
How South Carolina Law Defines Medical Negligence
In South Carolina, medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm. Common examples include:
- Failing to correctly identify a condition like cancer, stroke, or infection
- Delaying diagnosis so that treatment is no longer effective
- Operating on the wrong body part
- Leaving surgical instruments inside a patient
- Prescribing the wrong medication or dosage
- Failing to check for dangerous drug interactions
- Ignoring abnormal test results
- Not monitoring a patient after surgery or treatment
- Failure to monitor oxygen levels or vital signs during surgery
- Not reviewing patient allergies or risk factors
- Performing a procedure without properly explaining risks, benefits, and alternatives
Typically, the professional who directly committed the negligent act is primarily at fault in medical negligence cases, but liability can extend to third parties. Depending on what happened in your specific case, you may be able to file a claim against your doctor, nurses, anesthesiologists, paramedics, other staff, the facility, and more. Speaking with a medical malpractice attorney as soon as possible is critical to increasing your chances of a successful case.
What to Do if You’ve Experienced Medical Negligence in South Carolina
After you’ve consulted with a lawyer about the details of your situation, you can work together to obtain an expert affidavit. In South Carolina, this affidavit is a necessary piece of your claim that must be collected before you can pursue a medical malpractice case.
Detailed in S.C. Code § 15-36-100, a medical professional in a similar field must describe the standard level of care in your specific situation and how your provider failed in their duty to uphold the level of care.
A medical malpractice claim in South Carolina must usually be filed within three years of the date the incident happened, or within three years of when the injury was discovered or reasonably should have been discovered. However, no case can be filed more than six years after the original incident, even if the injury was not discovered right away.
Reach Out to a Medical Malpractice Attorney in Greenville, SC
When it comes to patient care, you deserve to place your trust in your healthcare professional. If your provider fails to keep you safe and causes you pain, you may be able to file a medical malpractice claim against them.
If you or someone you love has suffered at the hands of a medical professional, contact Parham, Smith, & Archenhold, LLC, today online or by calling 864-242-9008. Our firm’s goal is to protect your rights and pursue the most favorable legal option for your unique needs.