What if the wrong procedure did not cause any obvious permanent injury?
A lack of permanent injury does not necessarily mean that you have no claim. Depending on the circumstances, a patient may incur medical expenses, require additional treatment, experience pain, or suffer other losses resulting from an unnecessary or incorrect procedure. An attorney can review the medical records and circumstances to determine whether a potential claim […]
How Long Do I Have to File a Malpractice Claim for a Wrong Procedure in South Carolina?
In South Carolina, medical malpractice claims must generally be filed within three years of the treatment, omission, or operation that caused the injury. Alternatively, they can be filed within three years of when the injury was or reasonably should have been discovered. However, the law places a six-year limit from the date of the underlying […]
What if I signed a consent form for the wrong procedure before the surgery?
Signing a consent form does not necessarily prevent a claim if the wrong procedure was performed due to an error in the patient’s care. To determine whether negligence occurred, the circumstances surrounding the consent, the procedure performed, and the information provided to the patient would need to be reviewed.
Is undergoing the wrong procedure automatically considered medical malpractice in South Carolina?
Not necessarily. While performing the wrong procedure may indicate that the standard of care was not met, a medical malpractice claim generally requires evidence of negligence and causation. Medical records and expert testimony may be needed to prove these facts.
Can I sue the hospital as well as the surgeon who performed the wrong procedure?
Potentially. Depending on the circumstances, a hospital may be held responsible for its own failures in patient care or for the actions of its employees involved in the procedure. Other members of the medical team may also be involved in a claim. An attorney can review the facts to determine which parties may be responsible.