What if multiple health risks materialized at the same time for our loved one?
Simultaneous health problems, such as a pressure ulcer developing alongside significant weight loss and a urinary tract infection (UTI), often reflect an underlying cause: inadequate staffing and systemic care failure rather than a series of unrelated events. A pattern of multiple concurrent health issues is often stronger evidence of negligence than a single problem in […]
Can a facility be held liable if my loved one had pre-existing health conditions when admitted?
Yes. A facility accepts a resident knowing their health status and is obligated to manage those conditions appropriately. A pre-existing condition does not reduce the facility’s duty of care. If the facility’s negligence accelerated a resident’s decline or caused a new injury, liability can still apply.
How can I tell if my loved one’s health decline is due to normal aging or neglect from the facility?
This is one of the most important questions families ask, and it often requires a medical and legal investigation to answer properly. Rapid or unexplained health changes, particularly those that correlate with observable changes in care quality or staffing, warrant an independent medical evaluation. An assisted living facility lawyer can help determine if the clinical […]
How long do I have to file a hospital or hospice abuse claim in South Carolina?
You generally have three years under South Carolina Code § 15-3-530. If the case involves a government-operated hospital, the South Carolina Tort Claims Act may impose a shorter two-year deadline. Contact an attorney as soon as possible to preserve evidence.
What if the hospital says my loved one’s bedsores were unavoidable?
This is a common defense, and it is rarely accurate. Hospital-acquired pressure injuries are a well-recognized quality measure, and hospitals are required to assess patients for pressure injury risk and implement prevention protocols. An experienced attorney can review the medical records and demonstrate whether the hospital met or failed the standard of care.
Can I sue a hospice provider for abuse or neglect?
Yes. Hospice providers — whether they deliver care in a facility or in the patient’s home — have a legal duty to provide competent, compassionate care. South Carolina’s Omnibus Adult Protection Act extends protections to vulnerable adults in hospice care.
Can I sue a hospital for neglect in South Carolina?
Yes. Hospitals owe their patients a duty of care that includes safe staffing, proper fall prevention, medication safety, and timely response to medical needs. When a hospital fails to meet this standard and a patient is injured as a result, the hospital can be held liable.
What happens if hospital negligence causes a wrongful death?
The personal representative of the deceased patient’s estate may file a wrongful death claim under South Carolina law on behalf of eligible survivors. These claims are subject to specific procedural requirements and deadlines. Contact an attorney as soon as possible after experiencing a loss to ensure that your claim is evaluated within the applicable timeframes.
Do I need medical experts to prove hospital malpractice?
Yes. South Carolina law requires expert testimony that establishes the standard of care and departure from it in virtually all hospital negligence cases. The Hughey Law Firm works with independent medical experts in the relevant clinical specialty to develop this testimony.
Can I sue a hospital for a delayed diagnosis or emergency room error?
Yes. Both delayed diagnoses and emergency room errors are actionable if they represent a departure from the applicable standard of care that caused measurable harm to the patient.
What should you do if you suspect that medical negligence caused your injury?
Request complete copies of your medical records, document your observations and the timeline of events, and contact a hospital negligence attorney before speaking with the hospital or its insurance representatives further.
How long do I have to file a lawsuit for hospital negligence in South Carolina?
Generally, you have three years from the date of the negligence or its discovery. However, South Carolina also requires written pre-suit notice to all defendants at least ninety days before filing. Contact an attorney promptly to ensure that all applicable deadlines are identified for your specific situation.