Medical malpractice occurs when a medical provider's treatment falls below the accepted standard of care, and as a result, the patient incurs damages. A breach of the standard of care could be something the medical provider does that they were not supposed to do, or something that they should have done but failed to.
While you might not think the effects of medical malpractice can touch your family, think again. In 2018, it was reported that anywhere between 250,000 and 440,000 people died due to medical malpractice. To put that number into perspective, that was about 9.5% of deaths and the third leading cause of death after heart disease and cancer.
What Can You Recover After A South Carolina Medical Malpractice Incident?
If you or a loved one has been a victim of medical malpractice and are experiencing the following, you may be entitled to financial compensation in the form of damages.
- Financial Losses: After a medical malpractice incident, you could be facing a number of financial losses, including the loss of a job, missed work, ongoing medical expenses, and other health-related costs. You can recover compensation to offset these costs, protecting you and your family from financial hardship.
- Persistent pain: Maybe your back hurts, or you can’t bend your knee like you used to. Your stomach hurts, or you find yourself with constant headaches. Whatever it might be, persistent pain can lead to months, if not years, of ongoing treatment and medication. This should be accounted for in a medical malpractice suit.
- Disability: If someone’s medical malpractice has resulted in temporary, or worse, permanent disability you are entitled to compensation for your disability. This can help with costs associated with home care, medical equipment, home renovations, and other things necessary to accommodate your disability.
- Loss of income and potential earning loss: Medical malpractice can result in missed work, missed overtime pay, and job loss. Worse still, if you are permanently disabled because of medical malpractice, it might be hard for you to ever return to work in the same capacity as before. Your claim for medical malpractice should account for both lost wages and lost earning potential.
- Pain and suffering: Emotional pain and trauma is difficult to quantify, however, you are entitled to compensation for these "non-economic" damages. An experienced medical malpractice attorney can help you calculate the true value of your case.
- Loss of the enjoyment of life: After an instance of medical malpractice you find yourself disabled or disfigured. In those instances, you might not be able to participate in the same activities as before. You may lose your sense of community, friendship. family time, or even personal identity. If you believe that medical malpractice has stopped enjoyment in your life, monetary compensation might provide the resources you need to move forward.
What Are Some Areas Of Medical Malpractice?
When considering whether or not you have grounds to claim medical malpractice there might be some confusion on what constitutes negligence or error. The following list offers a comprehensive look at things you’re able to seek financial compensation for:
- Medical error: During and after any procedure there are things that could go wrong. Even if everything goes smoothly during surgery there might be complications later that cause hardship for the patient. Even though medical errors don’t always have been done on purpose, you can still file a claim if an accidental medical error has caused disruptions in your life.
- Operating on the wrong part of the body: While this situation might seem out of the realm of possibility, it is very much a possibility. If you have gone into surgery expecting a specific result and you wake up having been wrongfully operated on, you are well within your rights to sue for medical malpractice.
- Wrongful medication dosage: You should be able to trust your doctor and pharmacy to write out and fill the right prescription. However, receiving the right medication and dosage isn’t always a given and can lead to serious health complications.
- Improper treatment and aftercare: You’re entitled to compensation if the treatment or aftercare plan given to you by a healthcare professional has resulted in injury or serious bodily harm.
- Material left inside of a patient: Another instance of medical malpractice that you wouldn’t expect is things getting left inside you or a loved one. Outside material, no matter how sterile, can cause serious issues if left inside the body. If you suspect that a loved one has suffered damages or has passed away due to something being left inside of them during an operation you are entitled to compensation.
- Infections and bedsores: It’s no surprise that infections can lead to serious issues for you or your loved ones. If left untreated, infections can kill you, and if medical malpractice played a role in the cause of your infection you can file a claim to sue them for medical malpractice. Bedsores also fall under the umbrella of medical malpractice and should not be taken lightly. Filing a claim to receive compensation for infections or bedsores is well within your rights.
Who Is Responsible For Medical Malpractice?
Some people might think that the only people who can be sued for medical malpractice are hospitals. However, the list includes many others like clinics, pharmacies, medical practices, and any nursing home or health care facility that can be sued for medical malpractice.
At the Law Office of Tyler Rody, we will look at the events that caused your medical malpractice injury, uncover all responsible parties, calculate the full extent of your losses, and help you make a claim for compensation that puts you and your family on a forward path. Contact our office today to schedule a free consultation to discuss your case.