You trust medical professionals to perform procedures and provide treatment safely. You probably don’t expect that they will make an error that causes harm. Unfortunately, their negligent or careless actions could lead to serious injuries and even death. At Evans Moore, LLC, we represent medical malpractice victims and can help them pursue financial compensation from the at-fault doctor, nurse, or another medical provider.
Medical malpractice occurs when a medical professional fails to provide the standard of care that another healthcare professional in the same field would have provided under similar circumstances. Medical malpractice may result from a surgical error, a pharmaceutical error, or a wrong diagnosis, and it can lead to severe injuries, emotional trauma, and financial strain.
When you end up suffering as a result of someone else’s actions, you have the right to hold them liable. Our award-winning Georgetown medical malpractice attorneys will fight relentlessly to seek justice on your behalf and hold the negligent party accountable.
Call Evans Moore, LLC for a free consultation, and we’ll review your case to determine your legal options.
Common Types of Medical Malpractice Cases
There are many different possible causes of medical malpractice injuries. Healthcare professionals must follow strict policies, state laws, and federal regulations to ensure the safety of their patients. Violating these laws and regulations could put a patient’s safety, health, and life at risk.
Medical malpractice cases are commonly brought as a result of the following:
- Anesthesia error
- Wrong diagnosis or failure to diagnose
- Surgical errors
- Hospital negligence
- Pharmaceutical errors
- Improper medicine administration
- Delayed treatment
- Retained foreign objects
- Lack of informed consent
- Emergency room errors
- Improper treatment
- Poor diagnostic test interpretation
- Medical records errors
- Wrongful death
This is not a complete list. You may be able to seek recovery for a number of different situations, many of which may not be immediately apparent. It’s important to review the circumstances of your case with a qualified attorney to determine your legal rights and options.
Compensation You Could Pursue From a Medical Malpractice Claim
The injuries you sustained as a result of healthcare workers’ negligence may have led to various losses that affected your finances, physical health, and emotional well-being. You could file a claim with the doctor’s or facility’s liability insurance company to seek compensation for these losses. For example, compensation may be available for:
- Medical bills
- Lost wages and earning capacity
- Mental anguish
- Inconvenience
- Out-of-pocket expenses
- Pain and suffering
- Physical impairment or disfigurement
- Loss of consortium
Sometimes we will review different factors associated with a client’s case to determine the full compensation a victim may be owed. Some of these factors may include:
- Type of injury and how serious it is
- Amount of insurance coverage available
- Evidence proving a medical provider’s actions led to your injury
- Effects of the medical malpractice on your quality of life and daily routine
- Time missed from work
- Total medical costs incurred
- The estimated cost of future medical treatment needed
- Whether the injury led to physical or mental impairment or disability
It’s not uncommon for medical malpractice victims to suffer future losses due to ongoing pain or permanent disability resulting from the injury. Evans Moore, LLC has experience calculating a client’s losses to determine an appropriate monetary value for their case.
We believe you should not have to pay for the expenses you incurred while treating your injuries. An experienced attorney will fight to obtain compensation for all of your losses and the suffering you endured.
South Carolina Statute of Limitations for Medical Malpractice Lawsuits
South Carolina statute 15-3-545 has a three-year statute of limitations in place for anyone who sustains an injury from a surgical, medical, or dental treatment, omission, or operation by a licensed medical professional. If you want to file a lawsuit, you must do so before the statute of limitations runs out. Filing after the deadline would likely result in a dismissed case.
However, there are some exceptions to this rule that could extend the timeframe for bringing legal action against a healthcare professional in the civil court system. These exceptions include:
- Discovery rule – You could file suit within three years from the date you knew or should have known about your injury but not more than six years from the date of the incident.
- Foreign object – If a medical provider leaves a foreign object in your body, you would have two years from the date you discovered this object to file a lawsuit.
- Minor – You could delay the statute for up to seven years if you were a minor at the time of the injury.
Evans Moore, LLC could help you determine if your situation requires adhering to the three-year statute or if you could delay the deadline for extenuating circumstances. It’s critical that you hire a Georgetown medical malpractice attorney as soon as possible after you sustain an injury. You might face obstacles in your case that could cause you to lose precious time you need to prepare a lawsuit.
You Could File a Wrongful Death Lawsuit If You Lost a Loved One From Medical Malpractice
You might be entitled to financial compensation if your loved one died due to a healthcare professional’s negligent actions. South Carolina defines wrongful death as a death resulting from the wrongful act, default, or neglect of another person. This type of case requires following a strict deadline and various state laws if you want to seek compensation for your financial and intangible losses.
The statute of limitations for pursuing wrongful death is three years. That means you have three years from the date your loved one died to sue the at-fault party. If you don’t file in time, you could lose your right to hold the negligent medical provider accountable for causing your family member’s death.
The executor or administrator of the deceased’s estate is the only person who can file a wrongful death lawsuit. However, they must consider the surviving relative’s interests and seek a monetary award to compensate them for their various losses. Family members eligible for compensation include:
- Surviving spouse and children
- If there isn’t a spouse or child, the surviving parents can pursue a wrongful death case
- Heirs of the deceased can file suit if there isn’t a spouse, child, or parent
The available financial and intangible losses are:
- Lost wages and benefits the deceased would have earned if they survived
- Funeral and burial expenses
- Mental anguish and pain and suffering endured by surviving family
- Damage to personal property and other costs associated with the death
- Medical bills and associated expenses
- Loss of the deceased’s judgment, experience, protection, companionship, and care
You have suffered enough following the loss of your family member. You shouldn’t be financially responsible for the expenses associated with their fatal injury when another party was responsible for their passing. We know the emotional strain of arranging a funeral and carrying out your loved one’s final wishes is enough to cope with, without having to take on the burden of filing a lawsuit. We will handle the legal aspects of the medical malpractice claim so that you can focus on what’s important.
Why Choose Evans Moore, LLC?
Our Georgetown medical malpractice attorneys have won multiple awards from prestigious legal organizations in the country. We have been recognized by Super Lawyers, the American Society of Legal Advocates Top 40 Lawyers Under 40, and the American Institute of Personal Injury Attorneys, to name a few examples. We have a reputation for achieving favorable results for insurance claims and cases we litigate in court. When you hire us, you can expect dependable legal services from start to finish of your case.
Our legal team can handle each step of the legal process while you focus on your recovery and your family. At Evans Moore, LLC, our primary goal is to serve our clients’ best interests and exceed their expectations.
If you believe you may have a medical malpractice case, we will be happy to meet with you for a free consultation. We will review the information you provide and advise you on the options that are available for seeking financial compensation. We don’t put our needs or wants above the members of our community. You can count on us to offer transparent and honest opinions about your case and guide you in the direction that we believe would be most effective in reaching your goals.
Speak to an Experienced Georgetown Medical Malpractice Attorney
Evans Moore, LLC believes in the importance of reliable customer service. While we’re working on your case, we will always be available to answer your questions, support you during this challenging time in your life, and guide you through the complex legal process. We handle each case personally, and you will always be a priority for us. Unlike other law firms that treat their clients like just another number on a long list of clients, we will provide the personalized attention you need and deserve.
Call Evans Moore, LLC at (843) 995-5000 right now for a free consultation if you suffered injuries due to medical malpractice. Our compassionate, skilled attorneys are ready to help you with your case.
