Common Situations That Result in Medical Malpractice
Medical malpractice can occur in various scenarios, ranging from minor oversights to severe negligence. Some of the most common situations that lead to medical malpractice include:
- Misdiagnosis or Delayed Diagnosis – One of the most prevalent forms of medical malpractice is the failure to diagnose a patient’s condition accurately. This can happen when a healthcare provider misinterprets symptoms, fails to order the appropriate tests, or overlooks crucial patient medical history information. Misdiagnosis or delayed diagnosis can have severe consequences, particularly in cases involving progressive illnesses such as cancer or heart disease, where early detection and treatment are critical.
- Surgical Errors – Mistakes made during a surgical procedure can lead to life-altering injuries or even death. Examples of surgical errors include operating on the wrong body part, operating on the wrong patient, performing the incorrect procedure, or leaving surgical instruments inside the patient’s body. These errors may be caused by inadequate planning, poor communication among the surgical team, or surgeon fatigue or inexperience.
- Medication Errors – Medication-related errors can occur at various stages, from prescribing to administering the medication. Common examples include prescribing the wrong medication or dosage, failing to account for potential drug interactions, or administering medication incorrectly (e.g., giving a patient the wrong medication or using an improper injection technique). These errors can result in severe adverse reactions, overdose, or a lack of proper treatment for the patient’s condition.
- Birth Injuries – Medical malpractice during pregnancy, labor, or delivery can lead to devastating birth injuries, such as cerebral palsy, Erb’s palsy, or brain damage. These injuries may be caused by a healthcare provider’s failure to monitor the mother and baby adequately, improper use of forceps or vacuum extractors, or failure to perform a timely cesarean section when necessary.
- Failure to Obtain Informed Consent – Healthcare providers have a legal and ethical obligation to educate patients about the risks, benefits, and alternatives associated with a proposed medical treatment or procedure. Failing to obtain informed consent before proceeding with a procedure can constitute medical malpractice, particularly if the patient suffers harm that they were not warned about.
- Anesthesia Errors – Mistakes in administering anesthesia can have serious or even fatal consequences. Examples of anesthesia errors include administering too much or too little anesthesia, failing to monitor the patient’s vital signs during the procedure, or not correctly assessing the patient’s medical history for potential complications.
- Misinterpreting Diagnostic Tests – Medical malpractice can also occur when healthcare providers misinterpret the results of diagnostic tests, such as X-rays, MRIs, or blood tests. These errors can lead to misdiagnosis, delayed treatment, or unnecessary procedures, which can cause significant harm to the patient.
- Premature Discharge or Inadequate Follow-Up Care – Discharging a patient from the hospital too soon or failing to provide adequate follow-up care can lead to complications or worsen the patient’s condition. Healthcare providers must ensure that patients are stable and have the necessary resources and instructions for post-treatment care before discharging them.
Medical Malpractice Claims Our Firm Handles
Attorney David Blackwell has experience handling a wide range of medical malpractice claims, including:
- Birth injuries, such as cerebral palsy or Erb’s palsy
- Surgical errors, including wrong-site surgery or anesthesia mistakes
- Misdiagnosis or delayed diagnosis of cancer, heart attack, or stroke
- Medication errors, such as prescribing the wrong medication or dosage
- Hospital-acquired infections due to unsanitary conditions or improper care
- Nursing home abuse or neglect resulting in injuries or death
When medical malpractice lawyers handle medical malpractice claims, they must follow rules and procedures to pursue a case. First, in South Carolina, a person injured by medical malpractice generally has three years to file a lawsuit. That three-year period begins when injured patients realize (or reasonably should have realized) that a medical error caused their condition.
In South Carolina, there’s a law called a “statute of repose” that must also be considered. The statute of repose requires that no medical malpractice lawsuit be initiated more than six years after the malpractice occurred. There are other rules related to filing deadlines that medical malpractice attorneys to be sure cases are filed within the correct time period.
In South Carolina, if you file a medical malpractice lawsuit, you must file a “Notice of Intent to File Suit” with the court and deliver a copy to each healthcare provider that you are suing. This document must include the names of all the defendants. In the Notice of Intent to File Suit, your attorney will include a statement of facts that show how you’ve been injured and why you are entitled to compensation. You or your attorney must sign this document and include any interrogatories or other disclosures that South Carolina’s Rules of Civil Procedure require.
You’ll also need to file an “Affidavit of Expert Witness” with the court. A medical expert who is qualified under South Carolina law must complete this affidavit. They must specify at least one act or omission on the part of the defendant healthcare provider that is negligent. The expert must also state the factual basis for the claim and note the available supporting evidence.
Finally, before your case can go to court, the parties must participate in mediation within 90 days of the date these documents were filed. If the mediation is unsuccessful and the parties cannot come to a resolution, the injured party can proceed with filing a lawsuit.
What Types of Compensation Can I Pursue in a Medical Malpractice Claim?
In a medical malpractice claim, you can pursue financial recovery for ongoing or future losses you suffer due to injuries or complications from negligent treatment. Medical malpractice compensation can provide you with financial relief for your:
- Additional medical treatment and rehabilitation to treat injuries or complications from negligent care
- Long-term care or support services if your injuries or complications result in prolonged or permanent disabilities
- Lost income from time you need to take off work while recovering from your injuries or complications
- Lost future earning capacity and job benefits if you become disabled from working
- Physical pain
- Emotional distress or trauma
- Lost quality of life because of permanent scarring/disfigurement or disabilities
- Reduced life expectancy from chronic/terminal illnesses
How Can I Prove Medical Malpractice?
Healthcare providers do not always admit when they’ve made mistakes in a patient’s care. You may need evidence to prove that your medical provider committed malpractice, such as:
- Your medical records
- Progress charts
- Provider notes
- Staffing records
- Diagnostic test results
- Surveillance footage
- Eyewitness testimony
- Expert Testimony
You will need expert testimony, if a lawsuit is filed, to prove your medical malpractice claim. This testimony should come from a medical expert in the same profession and medical field as the healthcare provider against whom you’ve filed your claim. The expert must explain the specifics of the standard of care during your treatment and how your provider’s actions fell outside the scope of the standard of care. Your expert must also opine to a reasonable degree of medical certainty that your provider’s substandard care caused your injuries or complications.
