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Charleston Personal Injury Lawyer > Blog > Personal Injury > You May be Running Out of Time to Bring Your Medical Malpractice Claim

You May be Running Out of Time to Bring Your Medical Malpractice Claim

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If you or a loved one have been injured or even suffered death due to a medical provider’s negligence, you are not alone. In fact, it is estimated that 10% of fatalities in the United States are caused by medical errors or mistakes. According to the Journal of the American Medical Association, medical negligence is the third leading cause of death in the United States.

If you are struggling to cope with the aftermath of medical negligence, you do not have to shoulder the burden alone–there are options for recourse. Bringing a medical malpractice claim allows you to hold the at-fault health organization or individual accountable and seek compensation for your damages, as well as for pain and suffering.

Bringing a Successful Medical Malpractice Claim

In order to succeed on your medical malpractice claim there are certain elements that must be established. Medical malpractice occurs when a healthcare provider deviates from the standard of care that is expected, and the patient suffers harm as a result. So let’s break that down: in order to have a claim, a provider must have acted negligently (or otherwise deviated from the expected standard of care) and the patient must have suffered calculable damages as a result. There must also be a clear causal link between the provider’s negligent act(s) and the harm caused to the patient. In other words, the harm must have been caused directly by the negligent conduct. The causation requirement is often the hardest to establish, and is generally a prime target for the defense. An experienced personal injury lawyer will be prepared for this and will help you by presenting the strongest possible case.

Common Kinds of Medical Malpractice in South Carolina 

The list below is not meant to be comprehensive, but rather to give you an idea of the most common kinds of medical malpractice claims filed in South Carolina. If you have suffered an injury due to medical negligence or carelessness and are unsure of whether to move forward with a medical malpractice claim, contact the Gus Anastopoulo Law firm today to schedule a consultation.

  • Misdiagnosis or unnecessarily delayed diagnoses
  • Errors in prescribing, administering, or filling prescription medication
  • Surgical errors
  • Childbirth complications and injury
  • Failure to treat

Statute of Limitations

Another important element of a successful medical malpractice claim is time. Under South Carolina law, a patient has three years to file a medical malpractice claim from the time of the procedure giving rise to the harm. If the harm is not immediately apparent, the statute of limitations begins running at the time the injury is discovered, or at the time it should reasonably have been discovered. However, the total time cannot exceed six years. If you attempt to file a claim after this time period has lapsed, it can be immediately dismissed. For this reason, it’s important not to postpone, and to reach out and contact a personal injury lawyer as soon as possible so that you can initiate the claims process.

Schedule a Consultation

If you have suffered an injury due to medical negligence, Charleston Personal Injury Lawyer Gus Anastopoulo is here to help. Schedule a free consultation today and get the guidance and support you need to move forward.

Resources:

forbes.com/sites/learnvest/2013/05/16/10-things-you-want-to-know-about-medical-malpractice/?sh=21d8521416b7

scstatehouse.gov/code/t15c003.php

onlinelaw.hofstra.edu/blog/a-look-at-4-medical-malpractice-statistics/

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