When we visit an emergency room or when we receive medical care from a
family physician, a specialist, or a surgeon, we expect to receive quality
medical treatment, but unfortunately, this is not always the case.
Occasionally, a patient will receive poor medical treatment, which will
cause undue harm, if not death to the patient under the doctor’s
care. When a doctor or other healthcare provider fails to perform their
duties in a competent manner and a patient is injured as a direct result,
it is called “medical malpractice.”
When a patient is a victim of
medical malpractice, he or she is entitled to file a medical malpractice claim against the
negligent medical professional or facility, assuming they meet the state’s
requirements for filing such a claim.
What are the requirements for filing a claim?
If you, or someone you love was injured by a negligent healthcare professional,
such as a primary care physician, an oncologist, an anesthesiologist,
a nurse, a surgeon or an emergency room physician, first you must be able
to show the following:
- A doctor-patient relationship existed between you and the negligent healthcare
- The doctor you are accusing was negligent and provided substandard medical care.
- You were injured as a result of the doctor’s negligence.
- Your injury caused specific damages, such as physical pain, lost income,
mental anguish, additional medical expenses, etc.
There are a variety of circumstances that can go wrong in the medical setting
and give rise to a medical malpractice lawsuit, including: the failure
to diagnose, a misdiagnoses, a wrong diagnoses, surgical errors, improper
medical treatment and the failure to warn a patient of known medical risks.
Medical Malpractice Statute of Limitations
In each state, including South Carolina there is a deadline or a time limit
for filing a medical malpractice claim; this is referred to as a “statute
15-3-20, a medical malpractice claim must be filed within
three years of the date of injury or the date of discovery, or when it should have
been discovered, but not more than six years from the date of the occurrence.
It’s important that you file your medical malpractice claim before
this small window of opportunity closes. Otherwise, if you file a lawsuit
after the statute of limitations expires, the court will not hear your
case. Meaning, you would forfeit your right to valuable compensation.
Don’t let this happen to you!
Are you looking for a Columbia personal injury lawyer to file a medical
malpractice case on your behalf? If so,
contact our office for a free case evaluation!