You may be entitled to file a medical malpractice claim or lawsuit if:
- You were mistreated as a patient or received substandard medical care.
- You developed an illness that can be traced back to a medical error, such as a misdiagnosis.
- You discovered that a foreign object was left inside your body after surgery.
- You lost a loved one who died due to an injury or illness caused by medical negligence.
Our team at Hammack Law Firm handles medical malpractice. We can review your case for you and investigate whether a medical error may have caused your or your loved one’s injury or illness. If you live in Anderson, South Carolina, one of our medical malpractice lawyers can serve you and help you build your case.
Medical Malpractice Cases Have Different Standards Than Personal Injury Cases
While personal injury involves proving how another person’s negligence caused the victim’s damages, medical malpractice cases are held to a higher standard. They typically involve:
- Medical expert opinion
- Prerequisite filings
- Caps on damages
The deadline to file a medical malpractice lawsuit also varies on when you knew or should have known about your injury, which is explained later in this article.
Before you can file a medical malpractice lawsuit, you have to file two documents with the state court system:
- Notice of Intent: C. Ann §15-79-125 mandates that you have to submit a notice to the court and all health care workers involved regarding your intention to file a medical malpractice lawsuit. This notice has to include who you are suing and why, among other details about your case.
- Affidavit of an expert: C. Ann §15-36-100 mandates that you must have a medical expert witness provide analysis and explanation about whether a medical error occurred and if it can be tied to your injury or illness. This expert must submit an expert affidavit to the court.
If you fail to file these prerequisites, your case may be dismissed upon filing your lawsuit.
For a free legal consultation with a medical malpractice lawyer serving Anderson, call 864-326-3333
Our Attorneys Can Help You Fight for Compensation for Your Damages
If you decide to work with a medical malpractice lawyer from our team, one of the first things we may do is calculate the value of your case. Even if you are still recovering from your injuries in Anderson, we can start this process and explain how we reach your compensation total to you in a future consultation.
You may be entitled to the following types of damages:
- Medical treatment expenses, including expenses to cover the original medical treatment that led to your injury or illness and future treatment you might need to recover
- Income loss, including future income you might anticipate losing if you are still recovering from your condition
- Reduced earning potential if your injury or illness has affected your ability to work in the same position or field, whether temporarily or permanently
- Pain and suffering, which includes both emotional and physical pain
- Diminished quality of life, which includes losing joy in hobbies or activities you enjoyed prior to your injury or illness
- Permanent disability or disfigurement if the medical error made permanent changes to your physical or mental abilities or appearance
Other damages not listed here may be included in your demand letter for compensation. Before we send your notice of intent, we will discuss how much compensation we intend to pursue on your behalf.
If You Lost a Loved One Because of a Medical Error
If your loved one could not survive their injuries or illnesses, we want to help you find justice against the negligent medical professionals who should have prevented their death from happening.
If your medical malpractice case involves the loss of a loved one, you may be entitled to pursue other damages, such as:
- Costs to pay for funeral services, including cremation or burial services
- Income loss if your loved one financially supported your family or contributed to the household income
- Emotional losses, such as loss of parental guidance, companionship, affection, and society
- Loss of consortium
Anderson Medical Malpractice Lawyer Near Me 864-326-3333
Our Law Firm Will Help You Build Your Medical Malpractice Case
You do not have to take on the challenge of going up against medical facilities and their insurance companies or legal teams by yourself. Our law firm helps people like you stand up against these parties and fight for the justice they deserve. We can strategize how to present your case so that it is comprehensive and thorough.
If you decide to hire us, we can do the following for you as our client:
- Identify who can be held liable for your injuries or illnesses, such as a doctor, nurse, facility, pharmacist, or other health care worker
- Investigate your case to see if there is evidence to support that a medical error led to your injury or illness
- Interview medical experts to provide testimony
- Calculate your damages
- Prepare and submit paperwork on your behalf
- Negotiate a potential lawsuit with the medical malpractice insurance company or the opposing party’s attorneys
- Present your case in court
We can also make ourselves available to you whenever you have questions or concerns about your case.
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The Filing Deadlines for Your Medical Malpractice Case Vary
As mentioned, how long you have to file your lawsuit for medical malpractice depends on when you knew or should have known about your injury or illness. Per S.C. Ann §15-3-545, the following limitations are as follows:
- Three years from the date of injury if you were aware a medical error caused your injury or illness
- Six years from the date of injury if you were not aware that your injury or illness was related to a medical error
- Two years from the date you discovered a foreign object in your body
Our team can review your case and identify which statutory deadline applies. We can then take appropriate action to file your lawsuit on time, then keep you updated as it progresses.
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Call Hammack Law Firm Today to Hire One of Our Medical Malpractice Lawyers
If you became the victim of medical malpractice or discovered an injury or illness that a medical error caused, our team at Hammack Law Firm wants to help you fight for compensation. We can have a medical malpractice lawyer from our team serve you in Anderson or a surrounding area in South Carolina.
Call today to receive a free consultation about your case.