What constitutes a medical malpractice suit?

On Behalf of | May 28, 2015 | Medical Malpractice

When we go to the doctor or hospital in South Carolina, we expect to get treated in a way that does not lead to a worsened medical condition. Yet accidents happen, leading to all sorts of complications — sometimes even death. Often, these mistakes can be grounds for a medical malpractice suit. But how do you know if you have a case?

The main component of a medical malpractice suit is negligence. No human is perfect, and that includes doctors. Some mistakes are unavoidable. But others, like being given the wrong dosage of a medicine, could have been prevented if the medical staff paid better attention to what they were doing. 

Next, there are three qualifiers to see if you have a case.

  1. Did a medical professional have a reasonable duty to care for you (i.e. were you their patient)?
  2. Did they fail to carry out that duty properly?
  3. Did that failure lead directly to injury or worsened condition?

Under these conditions, something like being dissatisfied with surgery results may not qualify, but having your gallbladder removed when the appendix was causing problems may.

If all of these qualifications are met, or at least you think they are, you may have a solid foundation for a medical malpractice claim. Doctors and hospitals often have a strong team of lawyers. Often, these lawyers will bully you into signing a waiver or other paperwork that absolves their clients of any responsibility. It is vital you contact an expert attorney before you sign anything. They can explain the complex issues regarding your case in a way you can understand, and can help you figure out the next step in the process of claiming compensation.


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