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    When you trust a doctor, nurse, or hospital with your care, you expect safe treatment. Unfortunately, medical mistakes happen in Columbia and across South Carolina every day. These mistakes, also known as medical malpractice, can lead to serious injury, long-term health problems, and even death. If you or a loved one suffered because of a healthcare provider’s error, you may have the right to seek compensation.

    At Joye Law Firm Injury Lawyers, we assist patients and their families following harmful medical care. Since 1968, our law firm has guided clients through legal matters in South Carolina. Our Columbia medical malpractice attorneys work to hold healthcare professionals and systems accountable when their mistakes or policies cause harm. Our lawyers have received an AV rating from the prestigious Martindale-Hubbell, and several have been recognized in Best Lawyers in America and South Carolina Super Lawyers.

    Rest assured that your case will receive the attention it deserves. We work closely with a network of attorneys and medical experts with extensive experience in cases of medical malpractice and negligence.

    We know how overwhelming a medical malpractice claim can feel. That’s why we offer a free consultation. Let us explain your options and help you determine the best course of action. Joye Law Firm is here to help.

    How Joye Law Firm Helps You with Medical Malpractice Claims in Columbia, SC

    When medical malpractice occurs, it often leaves patients and their families dealing with physical pain, emotional distress, and mounting medical expenses. At Joye Law Firm, we understand how overwhelming this situation can be. That’s why our network of medical malpractice attorneys is dedicated to guiding clients through every step of the legal process. Here’s how our legal team helps people in Columbia:

    • Setting up an interview with a legal nurse consultant who can verify if the standard of care was not met in your case.
    • Reviewing medical records to understand what happened and identify where the care went wrong.
    • Consulting with medical experts who help determine if your healthcare provider committed malpractice.
    • Clearly explain your legal options, so you understand whether filing a claim is the right choice for your situation.
    • Handling the legal process from start to finish, including filing paperwork, negotiating with insurance companies, and representing clients in court if needed.
    • Pursuing fair compensation for your medical bills, lost wages, pain and suffering, and future medical needs.

    Since 1968, Joye Law Firm has helped injured people across South Carolina. If you or a loved one suffered harm due to negligent medical treatment, we can help you take the next step forward. Your initial consultation is complimentary, and you won’t pay unless we successfully recover compensation for you.

    What Is Medical Malpractice in South Carolina?

    Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, leading to injury or harm. This standard is based on the actions of other medical professionals in similar circumstances. If doctors fail to provide proper care and harm results, that may be considered malpractice.

    In South Carolina, medical malpractice can involve doctors, nurses, surgeons, anesthesiologists, and other healthcare professionals. A Columbia medical malpractice attorney can help investigate your situation to determine whether malpractice occurred and if you have grounds to file a claim.

    Common Types of Medical Malpractice Cases

    Many types of errors can lead to a medical malpractice event. Some of the most common include:

    1. Surgical Errors

    Surgical errors are among the most visible and often devastating forms of malpractice. These errors may include:

    • Wrong-site surgery: Operating on the wrong part of the body.
    • Wrong-patient surgery: Performing a surgical procedure on the wrong patient.
    • Retention of surgical instruments: Leaving tools like sponges, clamps, or gauze inside the patient’s body, known as a “retained foreign object”.
    • Inadequate sterilization: Leading to severe post-operative infections.

    Such errors can lead to severe complications, the need for additional surgeries, prolonged recovery, and sometimes permanent disability.

    2. Medication Errors

    According to the World Health Organization, medication errors cause at least 1.3 million injuries annually in the U.S. Common types include:

    • Wrong medication administration
    • Incorrect dosage
    • Dangerous drug interactions that a healthcare provider should have anticipated
    • Failure to account for patient allergies

    Consequences can range from mild allergic reactions to life-threatening conditions such as organ failure or death.

    3. Incorrect Diagnosis or Delayed Diagnosis

    Misdiagnosis or delayed diagnosis is a leading cause of malpractice claims:

    • Failure to diagnose conditions like cancer, heart attacks, strokes, or infections at critical stages.
    • Misinterpreting test results, ignoring patient-reported symptoms, or failing to order necessary tests.

    Delayed or incorrect diagnosis can allow a disease to progress unchecked, limiting treatment options and worsening patient outcomes.

    4. Birth Injuries

    Obstetrical malpractice can result in injuries to both mother and child:

    • Cerebral palsy due to oxygen deprivation during delivery.
    • Brachial plexus injuries often result from improper use of forceps or vacuum extraction.
    • Failure to perform a timely C-section when medically indicated.
    • Undiagnosed maternal infections that harm the fetus.

    Such injuries may result in lifelong disability, intensive medical needs, and emotional trauma for families.

    5. Failure to Obtain Informed Consent

    Patients have a legal right to understand:

    • The nature of a proposed treatment.
    • Potential risks and benefits.
    • Available alternatives include opting for no treatment.

    Failing to explain these adequately or proceeding without consent violates both ethical standards and legal obligations. If complications arise from a procedure that wasn’t fully explained, it may constitute malpractice.

    6. Anesthesia Errors

    Errors involving anesthesia are dangerous and can occur before, during, or after surgical procedures:

    • Incorrect dosage of anesthesia.
    • Failure to monitor vital signs during sedation.
    • Delayed reaction to complications like allergic responses or airway obstructions.

    These mistakes can result in brain damage, cardiac arrest, or death, often within minutes if not properly managed.

    How to Prove Medical Malpractice

    Proving medical malpractice is a complex legal process that requires clear, evidence-backed documentation to demonstrate how a healthcare provider’s negligence caused harm. In South Carolina, as in most states, plaintiffs (injured patients) must establish four essential legal elements to succeed in a malpractice claim:

    1. Establishing a Doctor-Patient Relationship
    The first step is proving that a formal doctor-patient relationship existed. This confirms that the healthcare provider owed a duty of care to the patient. Evidence such as appointment records, billing statements, or treatment agreements typically establishes this relationship.
    2. Proving a Breach of the Accepted Standard of Care
    Medical providers are required to adhere to the standard of care, which refers to the level and type of care that a reasonably competent healthcare professional would provide under similar circumstances. To prove a breach, plaintiffs need expert medical testimony from specialists who can evaluate whether the provider's actions deviated from accepted medical practices.
    3. Demonstrating Causation Between the Breach and Harm
    It’s not enough to show that a provider was negligent. Plaintiffs must also prove that the breach directly caused injury or worsened a medical condition. This is legally referred to as the proximate cause. This step often requires detailed analysis of medical records and expert interpretation to show a clear link between the provider’s negligence and the patient’s harm.
    4. Showing Measurable Damages
    Finally, patients must provide evidence of actual damages resulting from the malpractice. These can include:
    • Additional medical bills from corrective treatment
    • Lost wages due to inability to work
    • Pain and suffering
    • Emotional distress
    • Long-term disability or diminished quality of life
    Documenting these damages thoroughly is critical, as the compensation awarded typically depends on the extent of verified losses.

    Steps to Take After Suspecting Medical Negligence

    If you believe you’ve been harmed by improper medical care in Columbia or elsewhere in the Midlands, specific steps can help protect your rights:

    1. Seek a Second Opinion: Get evaluated by another qualified healthcare provider. They may identify errors in your previous treatment and help begin correcting any issues.
    2. Request Your Medical Records: Secure complete records from every provider involved in your treatment. These documents are essential to understanding what happened.
    3. Contact a Columbia Medical Malpractice Attorney: Speaking with a lawyer early allows you to understand your options.
    4. Keep Records of Expenses and Symptoms: Track your medical bills, lost wages, future medical needs, and any physical or emotional changes you experience.
    5. Avoid Discussing Your Case Publicly: Do not share details of your potential claim on social media or with anyone except your legal team.

    By following these steps, you protect yourself and help build a stronger case if you decide to file a medical malpractice lawsuit in South Carolina.

    What Compensation Can You Recover in a Medical Malpractice Claim?

    If a healthcare provider caused harm, you may be able to recover compensation through a medical malpractice lawsuit. The damages you can claim depend on the details of your situation, but often include:

    • Medical Expenses: Costs for hospital stays, surgery, medication, rehabilitation, and ongoing treatment.
    • Future Medical Bills: If your condition requires long-term care, you may be eligible for payment for future treatment needs.
    • Lost Wages and Lost Income: Time missed from work during recovery may be included in your claim.
    • Pain and Suffering: Physical pain and emotional distress are often part of medical malpractice cases.
    • Punitive Damages: In rare cases, if the healthcare provider’s actions were reckless, you may seek additional damages as punishment.

    In South Carolina, the law caps the amount of non-economic damages that can be awarded in medical malpractice cases. For non-economic, damages for medical malpractice claims are generally limited to $350,000 per defendant and $1.05 million in total, regardless of the number of defendants. However, it’s important to note that these caps do not apply to economic damages, which cover quantifiable losses like medical expenses, lost income, and future care costs.

    Filing a medical malpractice lawsuit in Columbia involves several steps:

    • Investigation and Review: Your attorney reviews your medical records and consults with medical experts to evaluate whether malpractice occurred.
    • Filing a Notice of Intent to File Suit: Before suing, South Carolina law requires the filing of a formal notice and an affidavit from an expert witness confirming that malpractice is likely to have occurred.
    • Mediation: Parties must attempt to resolve the dispute through mediation before filing a lawsuit.
    • Filing the Lawsuit: If mediation does not resolve the case, your attorney files the lawsuit and begins discovery, where both sides exchange evidence.
    • Trial or Settlement: Most cases settle before trial. If not, your attorney presents your case in court.

    This process can take time, but a personal injury attorney from Joye Law Firm will guide you through each step and help you understand potential outcomes.

    The Role of Medical Experts in Proving Medical Malpractice

    In medical malpractice cases, establishing that a healthcare provider committed malpractice typically requires expert professional input. South Carolina law requires an expert witness to confirm that malpractice occurred. Medical experts are healthcare professionals who review your treatment and explain whether proper care was provided. A medical professional helps by:

    • Reviewing your medical records to assess the treatment given.
    • Explaining how your care failed to meet accepted standards.
    • Providing expert testimony during mediation or trial to support your case.

    At Joye Law Firm, we collaborate with trusted medical professionals who understand what proper care should entail in cases similar to yours. Their evaluations and testimony help build strong claims on behalf of our clients.

    This step is one of the reasons why having an experienced attorney matters. Our legal team ensures that every claim meets the legal requirements to pursue compensation.

    FAQs About Medical Malpractice in Columbia, SC

    Columbia Medical Malpractice Attorney

    Do I need an expert witness to back my claim?

    South Carolina law states that before an actual lawsuit is filed, a Notice of Intent to File Suit and expert affidavit must be submitted to court beforehand. In that affidavit, a professional must attest to at least one (1) act of medical negligence as described in South Carolina Code of Laws section 15-36-100. If the case is taken to trial, that expert will often be called to validate their affidavit and the information they included.

    I heard there is a mediation process. Is this true?

    Roughly 90-120 days after filing the pre-lawsuit paperwork in court, both the health-care provider and the injured patient and their legal representatives must attempt to resolve the issue in mediation before filing the lawsuit. While some cases are settled in this conference, others may go to trial.

    Can I sue a hospital even if an individual doctor made the mistake?

    Yes. Depending on the circumstances, hospitals can sometimes be held responsible for mistakes made by their employees, such as nurses, technicians, or staff doctors. This is called vicarious liability. Even when a doctor is an independent contractor, hospitals may still bear liability if they failed in their administrative duties, like hiring qualified personnel or ensuring proper safety protocols.

    Can I pursue compensation if my injury worsened an existing condition?

    Yes. You may have a valid claim if a healthcare provider’s negligence aggravated a pre-existing condition. In legal terms, providers must offer appropriate care to every patient, regardless of their prior health status. Worsening of a prior condition due to substandard care can be grounds for compensation

    Is every bad medical outcome considered malpractice?

    No. Medicine involves risks, and not every poor outcome results from negligence. Medical malpractice specifically involves a failure to meet the standard of care expected of a competent healthcare professional under similar circumstances. A negative result alone does not automatically prove malpractice.

    What is the time limit for filing a medical malpractice claim in South Carolina?

    In South Carolina, the statute of limitations for most medical malpractice claims is three years from the date the injury was discovered or reasonably should have been discovered. However, no claim can be filed more than six years after the incident, regardless of when it was discovered. Certain exceptions apply, such as cases involving minors. Consulting an attorney early helps protect your rights.

     

    What happens if multiple providers contributed to my injury?

    If several healthcare providers contributed to your harm, South Carolina law allows claims against each liable party. Your legal team can help identify all responsible individuals or entities, such as physicians, nurses, and the hospital itself, and seek compensation from each as appropriate.

    Call an SC Medical Malpractice Lawyer for Legal Support

    Since 1968, the Joye Law Firm has represented individuals injured throughout the state of South Carolina. Our Columbia attorneys understand the challenges families face when medical negligence causes harm to their loved ones. Choosing the right legal team can make the process less stressful. Here’s why people trust Joye Law Firm:

    • Since 1968, our law firm has handled a wide range of personal injury and death cases
    • We focus on each client’s unique situation and provide clear guidance throughout the legal process.
    • Our attorneys are well-versed in South Carolina’s laws and understand how to construct successful injury cases.

    We believe that injured patients deserve support and answers following medical malpractice. If you are searching for a Columbia medical malpractice lawyer, call us at (888) 324-3100 or schedule a free online consultation.

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    Scenes from Joye Law Firm's Columbia office in May of 2024.