Charleston Medical Malpractice Attorney
Clawson and Staubes, LLC: Injury Group can help you deal with the stress and confusion that follows an injury due to medical negligence. Our lawyers have extensive experience in medical malpractice litigation; they have received recognition from Super Lawyers, as well an AV rating from the prestigious Martindale-Hubbell for their services and accomplishments in the legal field.
South Carolina Medical Malpractice Law
Medical malpractice occurs when a medical professional commits malpractice or negligence: where the professional’s actions or omissions fall short of the standard of care in the treatment of a patient. When this results in injury to a patient, there may be a possibility of recovery. Medical professionals are not limited to licensed doctors, but also include nurses, chiropractors, dentists, surgeons, physician’s assistants, pharmacists and any other medical professional that provides the claimant with care. Nursing homes and hospitals as well as EMS providers and paramedics are all held to standards and can be responsible for failing to uphold those reasonable expectations.
To make a claim for medical malpractice the claimant must show:
- A relationship existed between the medical professional and the patient;
- A duty of care;
- A violation through an act or omission of that duty of care; and
- Injury as a result.
Medical Malpractice Damages
Damages that can be recovered in a Medical Malpractice action can include:
- Medical costs to repair the damage caused by the negligent act, including future and ongoing medical costs
- Lost income
- Pain and suffering, disfigurement, mental anguish and other non-economic damages
- A spouse’s loss of consortium
- Punitive damages (in exceptional cases)
Common Types of Medical Malpractice
Injuries due to medical malpractice can take many forms and can happen in almost any setting or context, including emergency rooms, operating rooms, doctor’s offices and more. Some of the more common types of medical malpractice include:
Misdiagnosis/Failure to Diagnose: A misdiagnosis or failure to diagnose can be catastrophic. Often early diagnosis is key to recovery. Failure to order a necessary diagnostic test, misinterpretation of lab results, or the act of ignoring a patient’s complaints are all costly mistakes that can be particularly devastating in cases of rapidly progressive illnesses. Commonly misdiagnosed conditions include lung cancer, breast cancer and heart attacks.
Birth Injury: A birth injury typically results from prolonged labor, improper use of forceps, breech delivery, or oxygen deprivation. Most birth injuries, such as swelling or bruising, are not serious and heal with little treatment. However, serious birth injuries, including cerebral palsy, can leave a child permanently disabled, placing a heavy financial burden on the infant’s parents.
Surgical Errors: Wrong site surgery, medication errors, organ puncture and use of unsanitary surgical tools are common forms of surgical errors. Many surgical mistakes occur when a doctor misreads a medical chart, neglects to review medical instructions, or improperly clears a patient for surgery. In the most serious cases, surgical errors can result in a loss of function, disfigurement, or death.
Medication Errors: Prescription errors can result from medication mix-ups and other types of medical negligence. Mistakes that may cause medication errors include prescribing an incorrect dosage, not considering a patient’s age or medical history when prescribing medicine, disregarding allergies, or similar negligent actions that can affect a patient’s health while taking a drug. Medication errors can occur in hospitals, doctors’ offices and pharmacies and are among of the most easily traceable types of medical malpractice.
Consult with a Charleston Medical Malpractice Lawyer
If you or someone you love has been seriously injured by medical malpractice in South Carolina, contact Clawson and Staubes, LLC: Injury Group, for a pressure-free consultation. Please call our offices today at (843) 720-0810 and speak with an attorney regarding your potential medical malpractice claim.The inclusion of specific practice areas on the Clawson & Staubes: Injury Group website is informational in nature and is not an exhaustive listing of the areas of law in which the attorneys at Clawson and Staubes practice. Nothing contained in this website is intended to compare the type or quality of our services to the type or quality of any other lawyer or law firm’s services or to imply specialization or certification by any organization not previously approved by the South Carolina or North Carolina State Bar Board of Legal Specialization.