Medical malpractice is a controversial legal and economic issue. Our lawmakers are under constant pressure from powerful insurance companies to pass legislation that limits the rights of victims. There is a tremendous amount of erroneous propaganda disseminated by physician’s support groups and malpractice insurance carriers; often, these organizations claim liability lawsuits are simply an attempt for victims and lawyers to make money. As a result, medical malpractice litigators must frequently deal with jury bias in favor of the hospitals and physicians. Opponents frequently claim that superfluous malpractice lawsuits are directly responsible for the increase in medical costs and health insurance premiums in the United States.
Saving tort reform discussion for another blog, the truth of the issue before us today is that medical malpractice claims are difficult, lengthy, and expensive. Balancing the scales of justice is an arduous task for liability litigators. Insurance carriers who represent medical providers, hospitals, and nursing homes are relentless in their attempts to prevent lawsuits. They are fiercely aggressive, have seemingly endless resources, and put extensive effort into avoiding liability. Although a doctor or facility is the named defendant, for all intents and purposes, a victim’s medical malpractice lawsuit is more of a battle with the insurance company than it is with the doctor or healthcare facility that caused the harm.
Personal injury and wrongful death cases are expensive and complicated. The direction our highly-experienced legal team takes in seeking justice is a deliberate, focused, and in-depth investigation of all the pertinent facts. We are prepared to bear the costs, put in the time, and work tirelessly to ensure that victim’s rights are protected. Our stellar reputation is respected throughout the South Carolina legal community; we are often called upon by other law firms to assist in dealing with difficult cases.
The American Board of Professional Liability Attorneys (ABPLA) states:
“Medical malpractice occurs when a hospital, doctor or other healthcare professionals, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.”
We are a formidable team at The Hughey Law Group, and it is our collective opinion that no matter the cause, an injury caused to a patient is never acceptable.
Are the high standards society imposes on physicians unrealistic? We understand that science is not perfect; however, we do expect that clinicians’ decision-making skills be above reproach. We value members of the medical profession for their clinical skills and expertise. Of course, doctors make mistakes, and when they do, be it implicitly or explicitly, they are usually held accountable. This is the nature of the medical profession, and the reason physicians take an oath to “do no harm.”
“I will apply dietetic measures for the benefit of the sick according to my ability and judgment; I will keep them from harm and injustice.”(Hippocratic Oath: classical version)
“I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism.” (Hippocratic Oath: modern version)
Both the classical and the modern version of the iconic oath elude to the “Do No Harm” premise. According to a 2016 report from Johns Hopkins, however, medical errors are the third leading cause of death in the United States. We find this unacceptable, which is why our team fights tirelessly to ensure victims of malpractice and negligence receive the compensation they deserve.
Malpractice or negligence? It is not only a matter of semantics – there is a significant difference in terms of feasibility, filing restrictions, and financial awards. Medical negligence is harm that results from carelessness, not intent. Malpractice, on the other hand, is the negligent behavior of a doctor, other licensed medical professional, or medical facility who fails to adhere to acceptable standards of care, thus causing harm.
Who Can Be Held Responsible for Injury?
Medical negligence claims are complicated, and any number of entities may be considered culpable for actions like prescription drug errors, delayed diagnosis, misdiagnosis, inadequate care, wrong site surgery, and misinterpreted test results. Persons who may be named in a personal liability lawsuit include:
You have a legitimate reason to seek compensation if you or a family member has a physical, mental, or emotional injury due to:
● Failure to diagnose;
● An incorrect diagnosis; and
● Treatment that causes further illness or injury.
Medical malpractice is a common and controversial form of personal injury. A doctor can make a mistake, or make the wrong decision, and not be guilty of malpractice. In order to prove liability for medical malpractice, the victim must show:
● An established patient-provider relationship;
● A deviation from the acceptable standard of care;
● Physical or emotional damage; and
● The negligence caused the harm.
Negligence becomes malpractice if the doctor’s negligent treatment:
● Causes unnecessary injury;
● Exacerbates the patient’s condition;
● Causes unanticipated complications; and
● Results in the need for additional medical treatment.
Filing restrictions. Medical malpractice claims (with few exceptions) have a 3-year statute of limitations.
Financial awards. Although recovery is never guaranteed, and a large number of medical malpractice lawsuits settle out of court, the attorneys at the Hughey Law Firm hold sacred your constitutional right to pursue justice. No matter what direction your case may take, we are prepared to advocate for you every step of the way toward fair and just compensation.
We calculate the amount of recovery based on a strategic combination of economic, as well as non-economic, damages. Economic damages may include:
● Medical bills (past and future);
● Lost wages (past and future); and
● Medical equipment and assistive devices.
Non-economic damages include:
● Pain and suffering;
● Mental anguish;
● Lost companionship; and
● Lost enjoyment of life.
Don’t feel intimidated in your attempt to seek justice if you are injured in Columbia, South Carolina. The success of our team’s collaborative approach is evidenced by our results; and while it is impossible to guarantee the outcome of a case, at the Hughey Law Firm, we are more than just advocates. We are friends, allies, and most importantly, a team of dedicated professionals committed to ensuring those injured by the harmful acts of others receive the compensation they deserve.
Contact our office at (843) 881-8644 or write to us online for a complimentary consultation and evaluation of your case. There is no reason to go the fight alone; we understand what it takes to be successful litigators, and our associates are here to help you and your family secure justice.
Call 843-881-8644 or toll-free 1-877-811-8644 or fill out the form below. Back to Top