Columbia Medical Malpractice Attorneys
Taking Action Against Negligent Medical Practitioners
Medical practitioners are expected to provide a certain level of care when treating patients. Unfortunately, not all do. When a doctor’s, surgeon’s, or other health care worker’s negligence or omission falls below the standard, they can cause serious injury to those they are supposed to be helping. These individuals should be held accountable for the harm they caused. If you were injured by a medical provider, you could file a medical malpractice claim against them to recover compensation for damages. The process for pursuing financial recovery in South Carolina is complex and includes submitting a notice of intent and an affidavit from a medical expert, attending mediation, and taking your case to trial if necessary. These steps can be difficult to handle alone. Fortunately, you can have an attorney assist with your case.
At Woron and Dhillon, LLC, our Columbia medical malpractice lawyers are prepared to seek just compensation on your behalf. We can investigate, gather evidence, develop a legal strategy, and represent you at hearings. Our team consists of skilled negotiators ready to go up against insurance companies and others. Backed by over 30 years of combined experience, our attorneys have the knowledge, insights, and talents to do what it takes for you.
What Is Medical Malpractice?
South Carolina law defines medical malpractice as a health care provider doing or not doing something a reasonably prudent practitioner would have done under similar circumstances. In other words, the medical professional was negligent in their duties because their actions or inactions fell below the expected standard of care.
Various situations can give rise to a medical malpractice claim, including, but not limited to:
- Failure to diagnose
- Unnecessary surgery or treatment
- Medication errors
- Surgical errors
When you bring a medical malpractice claim, you have the burden of proving that you are entitled to compensation and the health care provider named is the one who owes it. You must demonstrate that the practitioner did not do what a competent professional would have, and their negligence or omission was the proximate cause of your injuries.
To make your case, you must provide various pieces of evidence and develop compelling arguments to clearly tell your story. Our team can help put everything together, allowing you to focus on your health.
If you are taking legal action against a medical professional because of malpractice, you must follow the steps outlined in South Carolina’s Code of Laws.
According to Section 15-79-125, the stages involve:
- Filing a notice of intent. The statement contains the names of the persons or entities you are taking action against. It also details the situation, the injuries you suffered, and why you are entitled to compensation.
- Submitting an expert affidavit. The affidavit is a report from a medical expert confirming that you were the victim of at least one type of medical malpractice and were injured as a result.
- Attending a mediation conference. The conference should take place within 90 to 120 days of filing the notice of intent. The goal is to resolve your case outside of the courtroom.
- Pursuing a lawsuit. If your case isn’t settled through mediation, you can take civil action against the practitioner or health care provider. You must file your suit within 60 days after it’s determined that resolving the matter outside of trial is impossible.
Damages refer to the expenses and losses incurred because of an injury and include financial, physical, and mental costs. You can recover two types of damages in your medical malpractice case: economic and non-economic.
Economic damages are monetary losses that include, but are not limited to:
- Past and future medical care,
- Rehabilitative services,
- Custodial care,
- Past and future lost wages, and
- Loss of employment opportunities.
Non-economic damages are more subjective and don’t have a dollar amount attached to them.
They include, but are not limited to:
- Pain and suffering,
- Emotional distress,
- Mental anguish,
- Loss of enjoyment of life,
- Loss of society, and
South Carolina law limits the amount someone can recover for non-economic damages in a medical malpractice case. If your lawsuit is against one defendant, you can receive no more than $350,000. An exception is if a judge or jury decides that the practitioner was “grossly negligent, willful, wanton, or reckless…” (South Carolina Code of Laws § 15-32-220(E)).
If your lawsuit is against more than one defendant, you can recover up to $1.05 million.
Statute of Limitations for Medical Malpractice Claims
The statute of limitations puts a deadline on the amount of time you have to take action against a negligent medical provider.
You must begin your case within:
- 3 years if you were injured, but not more than 6 years after the date of occurrence, or
- 2 years if a practitioner left a foreign object in your body.
Failing to take action within the allotted time can compromise your ability to seek compensation. If you file your claim after the deadline, the defendant can submit a motion to dismiss.
Contact Woron and Dhillon, LLC Today
Our Columbia medical malpractice lawyers do not tolerate instances of health care providers acting below the standard of care. Their negligent behavior endangers the lives of others, and they should be held responsible for their misconduct.
“I highly recommend Brett Woron. He goes above and beyond for his clients. If you are seeking an attorney, he is the one.” - Philip T.
“Best Experience I’ve had with a lawyer! He was very professional and cares about his clients. I highly recommend him to my family and friends. If you are looking for representation, he’s your man!” - Chelsea B.
“Brett Woron is a very amazing attorney. I wouldn't choose anyone else. He truly made us feel like he was on our side, the entire time. Thank you Brett for making this process as easy as possible.” - Kimberly R.