What to Expect During a South Carolina Medical Malpractice Lawsuit

Medical malpractice lawsuits can be complex and intimidating for patients who have suffered harm due to medical negligence. If you are considering filing a medical malpractice lawsuit in South Carolina, it is essential to understand what to expect during the process. In this blog post, we will walk you through the key steps involved in a South Carolina medical malpractice lawsuit.

Step 1: Hiring an Attorney

The first step in any medical malpractice lawsuit is to hire an experienced attorney who can guide you through the process. Medical malpractice cases are highly specialized, and not all lawyers are equipped to handle them. You will want to choose an attorney with a proven track record of success in medical malpractice cases, and who has experience working with experts in the medical field.

Step 2: Filing a Complaint

Once you have hired an attorney, the next step is to file a complaint. This is a legal document that outlines the details of your case and the harm you have suffered as a result of medical negligence. The complaint will be filed with the court and served on the healthcare provider or providers who are being sued.

Step 3: Discovery

Discovery is the process by which both parties gather evidence to support their case. This may include requesting medical records, deposing witnesses, and conducting medical examinations. The discovery process can be lengthy and may take several months to complete.

Step 4: Mediation or Settlement Negotiations

In many cases, medical malpractice lawsuits are settled before they go to trial. This may involve mediation or settlement negotiations between your attorney and the healthcare provider’s insurance company. Settlement negotiations can take several months to complete, and it is important to work with an attorney who has experience negotiating favorable settlements.

Step 5: Trial

If your case does not settle, it will go to trial. At trial, both parties will present their evidence and arguments to a judge or jury. The trial process can take several days or even weeks to complete. It is important to work with an attorney who has experience litigating medical malpractice cases in court.

Step 6: Verdict and Appeal

After the trial, the judge or jury will render a verdict. If the verdict is in your favor, you may be awarded damages to compensate you for your medical expenses, lost wages, and pain and suffering. However, the healthcare provider may choose to appeal the verdict, which could result in a lengthy and costly appeals process.

Filing a medical malpractice lawsuit in South Carolina can be a complex and lengthy process. It is essential to work with an experienced attorney who can guide you through each step and help you obtain the compensation you deserve for your injuries. If you believe that you have been the victim of medical malpractice, we encourage you to speak with a qualified attorney to explore your legal options.

Additionally, it’s important to note that South Carolina has specific laws that govern medical malpractice lawsuits. For example, in South Carolina, a patient must file a medical malpractice lawsuit within three years from the date of the injury, or within three years from the date the injury was discovered, or should have been discovered, with reasonable diligence.

Furthermore, South Carolina has a cap on the amount of damages that can be awarded in medical malpractice cases. Currently, the cap is set at $350,000 for non-economic damages, such as pain and suffering, and $1.05 million for total damages. It’s important to work with an attorney who is familiar with these laws and can help you navigate the legal system.

It’s also worth noting that medical malpractice lawsuits can be emotionally draining for patients and their families. It can be challenging to relive the trauma of a medical error and navigate the legal process at the same time. Your attorney should not only be a legal advocate but also a source of emotional support throughout the process.

Filing a medical malpractice lawsuit in South Carolina is a significant undertaking, but it can be worth it if you have suffered harm due to medical negligence. By working with an experienced attorney, you can navigate the legal system and obtain the compensation you deserve. If you believe that you or a loved one has been the victim of medical malpractice, we encourage you to speak with a qualified attorney to explore your legal options.

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How Compensation is Calculated in South Carolina Medical Malpractice Cases

Medical malpractice cases can be complicated and emotional experiences for individuals and their families. When someone suffers harm because of a mistake made by a healthcare provider, it can lead to financial struggles, emotional pain, and ongoing medical treatments. In South Carolina, those affected by medical malpractice have the right to seek compensation for their injuries. Understanding how compensation is calculated in these cases is important for anyone considering a claim.

When determining the amount of compensation in a medical malpractice case, several factors are taken into account. These include the type and severity of the injury, the financial losses suffered by the victim, and any ongoing medical expenses. The process of calculating compensation is meant to ensure that the injured person is fairly compensated for all of the damages they have experienced as a result of the healthcare provider’s negligence. At, Malchow Johnson Injury Lawyers , we are here to guide you through the legal process and help you navigate the complexities of your case.

Economic Damages in South Carolina Medical Malpractice Cases

One of the main components of compensation in a medical malpractice case is economic damages. Economic damages refer to the measurable financial losses that the injured person has experienced because of the medical error. These losses can include medical bills, lost wages, and other expenses related to the injury.

Medical bills are often the largest portion of economic damages in a medical malpractice case. This can include the cost of hospital stays, surgeries, medications, rehabilitation, and any future medical treatments that may be needed. It is important to keep detailed records of all medical expenses to ensure that they are properly accounted for in the compensation calculation.

Lost wages are also a key part of economic damages. If the injured person is unable to work because of their injury, they may be entitled to compensation for the wages they have lost. This includes any time missed from work immediately following the injury, as well as any future income that may be lost if the person is unable to return to work at all or at the same capacity as before.

In addition to medical bills and lost wages, economic damages can also include other out-of-pocket expenses that the injured person has incurred because of the medical malpractice. This can include the cost of transportation to and from medical appointments, modifications to the home to accommodate a disability, and the cost of hiring someone to perform tasks that the injured person is no longer able to do, such as childcare or household chores.

Non-Economic Damages in South Carolina Medical Malpractice Cases

In addition to economic damages, injured individuals may also be entitled to non-economic damages in a medical malpractice case. Non-economic damages are meant to compensate for the pain and suffering that the injured person has experienced as a result of the medical error. Unlike economic damages, non-economic damages are more subjective and can be more difficult to calculate.

Pain and suffering is one of the most common types of non-economic damages in a medical malpractice case. This can include physical pain caused by the injury, as well as emotional distress, anxiety, depression, and other emotional impacts. The amount of compensation for pain and suffering is often determined by the severity of the injury and the extent to which it has affected the person’s quality of life.

Loss of enjoyment of life is another form of non-economic damages. If the injury has caused the person to lose the ability to enjoy activities that they once loved, such as hobbies, sports, or spending time with family and friends, they may be entitled to compensation for this loss. This type of compensation is intended to recognize the impact that the injury has had on the person’s ability to live a full and fulfilling life.

Loss of consortium is another type of non-economic damages that may be awarded in a medical malpractice case. This refers to the loss of companionship, support, and affection that the injured person’s spouse or family members have suffered as a result of the injury. In cases where the injury has affected the person’s ability to maintain close relationships, their family members may also be entitled to compensation for their own emotional suffering.

Punitive Damages in South Carolina Medical Malpractice Cases

In some cases, the injured person may also be entitled to punitive damages. Punitive damages are not meant to compensate the victim for their losses, but rather to punish the healthcare provider for particularly reckless or intentional conduct. Punitive damages are awarded in cases where the healthcare provider’s actions were especially harmful or egregious, and they are intended to send a message to other healthcare providers about the importance of following proper medical standards.

Punitive damages are not awarded in every medical malpractice case. They are reserved for cases where the healthcare provider’s actions went beyond simple negligence and showed a disregard for the safety of the patient. In South Carolina, there are limits on the amount of punitive damages that can be awarded in medical malpractice cases, but these damages can still significantly increase the overall compensation.

The Role of Insurance in Medical Malpractice Compensation

In South Carolina, most healthcare providers carry medical malpractice insurance, which is meant to cover the cost of any compensation awarded in a medical malpractice case. When a medical malpractice claim is filed, the insurance company for the healthcare provider will often be responsible for paying the compensation to the injured person.

Insurance companies play a major role in the process of calculating compensation in medical malpractice cases. They will often try to negotiate a settlement with the injured person before the case goes to trial. It is important to remember that the insurance company’s goal is to pay out as little as possible, so the initial settlement offer may be lower than what the injured person is entitled to.

Working with an attorney is essential when negotiating with insurance companies in a medical malpractice case. An attorney can help ensure that the compensation being offered is fair and that all of the injured person’s losses are being properly accounted for. If a fair settlement cannot be reached, the case may go to trial, where a jury will decide the amount of compensation that should be awarded.

Leland Malchow

Attorney - Partner

Chris Johnson

Attorney - Partner

Dane Anderson

Associate Attorney

Bailey Marshall

Associate Attorney

The Importance of Timing in Medical Malpractice Cases

In South Carolina, there are strict time limits for filing a medical malpractice claim. This time limit is known as the statute of limitations, and it is important to act quickly if you believe that you have a medical malpractice case. In most cases, the statute of limitations for medical malpractice claims in South Carolina is three years from the date of the injury. If the claim is not filed within this time frame, the injured person may lose their right to seek compensation.

However, there are some exceptions to this rule. In cases where the injury was not immediately discovered, the statute of limitations may be extended. This is known as the discovery rule, and it allows the injured person to file a claim within three years of the date that the injury was discovered, or reasonably should have been discovered. It is important to consult with an attorney as soon as possible to ensure that your claim is filed within the appropriate time frame.

How Compensation is Finalized in a Medical Malpractice Case

Once all of the damages have been calculated, either through a settlement or a court decision, the final amount of compensation will be awarded to the injured person. This compensation is meant to cover both the financial losses and the emotional suffering that the person has experienced because of the medical malpractice. It is important to understand that medical malpractice cases can take time to resolve, and the process of calculating and finalizing compensation can be lengthy.

In some cases, the compensation may be paid out as a lump sum, while in other cases, it may be paid out over time through a structured settlement. A structured settlement is often used in cases where the injured person will need ongoing medical care or support. This ensures that the person will receive regular payments to cover their ongoing expenses.

Understanding how compensation is calculated in South Carolina medical malpractice cases is essential for anyone who has been injured because of a medical error. The process takes into account both the financial losses and the emotional suffering that the injured person has experienced. Economic damages, non-economic damages, and in some cases, punitive damages all play a role in determining the final amount of compensation. Additionally, working with an attorney is crucial in ensuring that the injured person receives a fair and just settlement.

The Role of Expert Witnesses in South Carolina Medical Malpractice Cases

In any medical malpractice case, expert witnesses play a crucial role in providing the necessary testimony and evidence to support the claims made by the plaintiff. South Carolina, like many other states, has specific requirements and guidelines for expert witnesses in medical malpractice cases. Understanding the role of expert witnesses and their requirements is essential for both plaintiffs and defendants involved in such legal proceedings.

Expert witnesses are individuals with specialized knowledge, training, education, or experience in a particular field relevant to the medical malpractice case at hand. They are called upon to provide their professional opinions and testify under oath about the standard of care that should have been provided in the given circumstances, as well as whether or not the defendant healthcare provider breached that standard.

The primary role of an expert witness is to assist the court in understanding complex medical issues that may be beyond the knowledge of the average juror. Their expertise is crucial in determining whether the defendant healthcare provider’s actions or omissions fell below the accepted standard of care, and if so, whether those actions or omissions directly caused harm to the patient.

To qualify as an expert witness in a South Carolina medical malpractice case, certain requirements must be met. These requirements are set forth in the South Carolina Rules of Evidence, specifically Rule 702. According to this rule, an expert witness must possess the necessary qualifications, including education, training, and experience, to provide testimony in their area of expertise.

The expert witness must be able to demonstrate their specialized knowledge and expertise in the subject matter of the case. This can be established through their professional experience, academic credentials, and any specialized certifications or licenses they hold.

In South Carolina, an expert witness must also have actual experience in the same or a similar field as the defendant healthcare provider. This requirement ensures that the expert witness possesses practical knowledge and firsthand understanding of the standards of care and practices within the specific medical specialty being examined.

Before testifying in court, an expert witness in a South Carolina medical malpractice case must provide a written report summarizing their opinions, the basis for those opinions, and any exhibits or materials used in forming their opinions. The report must be provided to all parties involved in the case within a specified timeframe prior to trial, allowing both the plaintiff and the defendant the opportunity to review and prepare their own case accordingly.

The selection of the right expert witness can significantly impact the outcome of a medical malpractice case. Attorneys often carefully consider various factors when choosing an expert witness, such as their reputation, experience, credibility, and ability to effectively communicate complex medical concepts to a jury.

Expert witnesses are expected to remain unbiased and impartial throughout the legal process. Their role is to provide objective opinions based on their expertise and knowledge, rather than advocating for one side or the other. This impartiality is critical in maintaining the integrity and fairness of the legal proceedings.

When it comes to medical malpractice cases in South Carolina, expert witnesses are crucial for both plaintiffs and defendants. They provide specialized knowledge, experience, and opinions that can significantly influence the outcome of the case. Let’s delve further into the role of expert witnesses and their importance in South Carolina medical malpractice cases.

Assessing the Standard of Care: One of the primary responsibilities of an expert witness is to evaluate whether the healthcare provider involved in the case met the acceptable standard of care. The standard of care refers to the level of care that a reasonably competent healthcare professional with similar training and experience would have provided under similar circumstances. Expert witnesses use their expertise to determine whether the defendant healthcare provider adhered to this standard or deviated from it.

Establishing Breach of Duty: In a medical malpractice case, it must be proven that the defendant healthcare provider breached their duty of care, resulting in harm to the patient. Expert witnesses play a crucial role in establishing this breach. They examine medical records, review relevant literature, and draw on their own experience to determine whether the defendant’s actions or omissions deviated from accepted medical practices.

Causation and Damages: Expert witnesses also play a vital role in establishing the causal link between the healthcare provider’s breach of duty and the patient’s injuries. They evaluate medical records, diagnostic tests, and other relevant evidence to determine whether the defendant’s actions directly caused the harm suffered by the patient. Additionally, expert witnesses may provide insight into the extent of the damages, including physical, emotional, and financial harm, caused by the medical malpractice.

Educating the Jury: Medical malpractice cases often involve complex medical concepts and terminology that may be difficult for jurors to comprehend. Expert witnesses are skilled in effectively communicating these complex ideas to the jury in a manner that is easily understandable. They simplify technical details, present the facts, and provide their professional opinions to help the jury make informed decisions.

Strengthening the Case: Expert witnesses lend credibility to the claims made by the plaintiff or the defense. Their qualifications, experience, and unbiased opinions carry significant weight in the courtroom. Attorneys carefully select expert witnesses who have a solid reputation and a track record of providing reliable and objective testimony. The expert witness’s credibility can greatly influence the jury’s perception of the case and the arguments presented.

Expert witnesses play an essential role in South Carolina medical malpractice cases by providing specialized knowledge and opinions regarding the standard of care and the causation of harm. The requirements for expert witnesses in these cases include possessing the necessary qualifications, experience in the same or a similar field as the defendant healthcare provider, and the ability to provide a written report summarizing their opinions and supporting evidence.

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If you or a loved one has been the victim of medical malpractice in South Carolina, the team at Malchow Johnson Injury Lawyers is here to help. Our experienced attorneys have a proven track record of success in handling medical malpractice cases, and we are dedicated to helping our clients obtain the compensation they deserve.

Here are some of the ways that we can help with your South Carolina medical malpractice case:

Free Consultation: We offer a free consultation to discuss your case and determine whether you have a viable claim for medical malpractice. During the consultation, we will listen to your story, ask questions, and offer guidance on your legal options.

Investigation: Our attorneys have the resources and experience to investigate your case thoroughly. We will gather medical records, interview witnesses, and work with medical experts to determine whether medical malpractice occurred.

Legal Advocacy: Our attorneys are experienced in navigating the legal system and advocating for our clients’ rights. We will handle all aspects of your case, including filing paperwork, negotiating with insurance companies, and representing you in court if necessary.

Emotional Support: We understand that medical malpractice cases can be emotionally challenging for victims and their families. Our attorneys are here to offer emotional support and guidance throughout the legal process.

Maximizing Compensation: Our goal is to help you obtain the maximum compensation possible for your injuries. We will work with medical experts and financial professionals to determine the full extent of your damages, including medical expenses, lost wages, and pain and suffering.

At Malchow Johnson Injury Lawyers, we are committed to providing our clients with the highest level of legal representation and support. If you or a loved one has been the victim of medical malpractice in South Carolina, we encourage you to contact us for a free consultation to discuss your legal options.

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