Negligence occurs when a person (“defendant”) does something wrong and injures another person (“plaintiff”). Medical malpractice is a common type of negligence. Medical malpractice, in South Carolina, occurs when a medical professional, such as a doctor, fails to exercise the degree of care and skill that a similar medical professional would use under similar circumstances. Medical malpractice may also occur when medical standards are not followed. Unfortunately, medical malpractice cases happen quite often here in South Carolina. As discussed below, you should hire an experienced medical malpractice attorney if a physician has injured you or someone you love.
Proving Medical Malpractice
In medical malpractice cases, the injured person must prove specific elements. Per the South Carolina Supreme Court, the elements that the injured person must prove include: (i) a physician-patient relationship existed at the time of the occurrence; (ii) showing the practices, procedures or standards of a medical professional in the same or similar circumstances; (iii) that defendant departed from such practices, procedures or standards; and (iv) defendant’s departure from such generally recognized practices, procedures or standards was the proximate cause (foreseeable cause) of the plaintiff’s injuries and damages.
Using an Expert Witness to Assist your Case
In South Carolina, proving that your medical professional failed to meet his standard of care requires the help of an expert witness. As a matter of fact, a medical expert must sign an affidavit (a sworn written statement) before you can even file your medical malpractice lawsuit. South Carolina law requires the injured party to file a Notice of Intent to File Suit and this must include the facts, the parties or entities that you intend to sue and the expert’s affidavit indicating that you are entitled to damages. Hiring a medical malpractice attorney will help you find the best expert witness for your case.
Statute of Limitations
If you are a victim of medical malpractice, you must file your lawsuit within three years from the date of injury or the date when the injury should have been discovered. Yet, you may not file the lawsuit if it is more than six years from the date of the medical procedure. If you do not file your medical malpractice lawsuit during such time, you may be barred from bringing your case.
Retain an Experienced Medical Malpractice Attorney for your Case
Again, if you or a loved one was injured due to medical malpractice, seek the assistance of an experienced medical malpractice attorney or law group. Fortunately, the Solomon Law Group is here to assist you. Our firm retains experienced medical malpractice attorneys trained to handle your case. The attorneys at the Solomon Law Group are knowledgeable on South Carolina’s negligence laws and South Carolina’s court system. Our legal professionals can be reached at 1(877) 323-3120 and are conveniently located at 3501 North Main Street, Columbia, SC 29203.