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South Carolina Medical Malpractice Lawyers

Serving the communities of Columbia, Sumter, and Newberry, South Carolina

Frequently Asked Medical Malpractice Questions

What is medical malpractice?

Medical malpractice is negligent medical conduct defined as doing or failing to do what a reasonably prudent health care professional in the same field would or would not have done under the same or similar circumstances.

What is informed consent?

Informed consent is required by the body of state laws that govern certain kinds of communication between health care professionals and their patients. They specify what information you must be provided so you can make informed decisions about the medical care, diagnostics, or treatment you will receive.

Informed consent laws vary from state to state. Some states, for example, require that "reasonable" information be provided, whereas others require "full and complete disclosure."

What are nosocomial infections?

They are infections acquired in a hospital. Some of these infections are unavoidable, such as those acquired by patients with weakened immune systems or by those in the last stage of a protracted illness. But depending on the study, one-third to three-quarters of nosocomial infections are preventable, making them one of the leading causes of medical malpractice suits.

The Centers for Disease Control & Prevention (CDC) has advised that the most effective way to reduce nosocomial infections is for doctors and hospital staff to wash their hands between treating patients. Amazingly, some studies suggest that doctors clean their hands between patients only 48 percent of the time!

Who can sue for medical malpractice?

Anyone who was injured or who became ill as the result of a health professional's negligence or wrongdoing may file a medical malpractice claim. Additionally, the family of a newborn victim of medical malpractice, or of someone who died as the result of a medical error may seek compensation in a civil case.

Who can be sued for medical malpractice?

Although state statutes vary with regard to who may be sued, generally any party whose professional negligence or wrongdoing resulted in a patient's injury may be held liable. Such parties include physicians, surgeons, nurses, hospitals, and government institutions.

What damages can I recover in a medical malpractice suit?

Compensation for any of the following damages may be recovered:

Economic damages

• Medical expenses
• Lost income
• Lost or diminished earning capacity
• Directly related out-of-pocket expenses
• Funeral and related expenses

Non-economic damages

• Past, present, and future pain and suffering
• Disfigurement
• Disability
• Punitive damages (if the actions were intentional or grossly negligent)

How long after the medical malpractice took place must I file a claim?

The rules that determine when you can file a lawsuit are referred to as the statute of limitations. The amount of time by which you must file a claim varies by state and circumstance. In most cases, the amount of time begins when the medical malpractice took place, although sometimes it begins when the claimant discovers that medical malpractice was responsible for his or her injury.

Medical malpractice lawsuits are among the more complex and time-consuming lawsuits. If you have been injured by a medical error, don't delay too long before contacting an experienced medical malpractice attorney. At the Law Firm of McWhirter, Bellinger & Associates in South Carolina, we can move relatively quickly on your behalf, because of our long experience in prosecuting medical malpractice. But it's still better to start sooner rather than later in gathering all the complex important information. Please call or email us today for your free case evaluation.

With offices in Aiken, Camden, Columbia, Lexington, Newberry, Orangeburg, and Sumter, South Carolina, our personal injury lawyers are ready to serve you. Call us today at 1-866-716-1771 .

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