Charleston Medical Malpractice Lawyers

If you or a family member were injured due to the negligence of a physician, nurse, or hospital worker, you may be experiencing feelings of anger and frustration. Anyone who has experienced complications or death at the hands of a medical professional may be entitled to compensation.

The attorneys at Parham Smith & Archenhold, LLC, have experience defending medical malpractice cases. We will work to recover on your behalf for the following medical malpractice lawsuits:

• Birth injuries
• Medication errors
• Misdiagnosis
• Outpatient surgery malpractice
• Surgery malpractice
• Stroke malpractice
• Heart attack malpractice

What is Medical Malpractice?

Medical malpractice is the failure of a healthcare professional to provide an acceptable standard of care. In order for the behavior to be considered negligent, the following components must be satisfied:

• The medical professional violated the standard of care required of physicians and workers in the medical field
• The victim suffered an injury from the violated standard of care
• The consequences of the injury resulted in damages (actual losses) to the victim

Compensatory Damages

Most money damages will take into account economic and noneconomic losses. These losses, also known as damages, are awarded in an attempt to make the injured party “whole” again.

Economic damages are those losses that have a financial component. These losses directly take money out of your pocket and may include the following:

• Lost wages
• Lost earning capacity
• Surgeries (Past and future)
• Prescriptions
• Hospital stays

In contrast, noneconomic damages are those non-pecuniary losses that affect your quality of life. These may include:

• Pain and suffering
• Loss of society and companionship
• Loss of consortium
• Infliction of emotional distress
• Scarring and disfigurement

How Long Do You Have to Sue for Medical Malpractice in Carolina?

According to South Carolina Code §15-3-545, the victim of medical malpractice has three years to bring a legal claim against another party. If you fail to bring a claim within that time period, you will be unable to take legal action in the future.

Using credible evidence is important in any lawsuit. The statute of limitations is put into place to preserve evidence. Once too much time has passed, physical evidence will deteriorate, and witnesses’ memories will become grainy.

If you meet the criteria of any exceptions, you may be able to delay the start of the statute of limitations “clock” or even pause it if it has already begun. This is known as “tolling” the statute of limitations, which will extend the amount of time you have to bring your case to court.

Contact Parham Smith & Archenhold, LLC, Today

Nobody can prepare for the unexpected. If you have been the victim of medical malpractice, feel free to contact us online or by calling 864-301-8767 to schedule your free consultation.