If you or someone you love was the victim of medical malpractice by either a doctor, a hospital, or another health care provider in Seneca, you may be entitled to compensation. You could be eligible for damages, including medical expenses, lost income, pain and suffering, and more.
A medical malpractice lawyer with Hammack Law Firm serving in Seneca, SC, can investigate the details of your case, determine the liable party or parties, and file a personal injury claim or lawsuit on your behalf. You should not have to bear the financial burden brought on by medical malpractice.
The Medical Malpractice Laws in South Carolina and How They Affect Your Case
Medical malpractice cases can be complex and difficult to navigate. However, that does not mean you should not hold the responsible party to account. We trust our health care providers―when the standard of care is not upheld, trust is violated, and damages occur.
There are several laws and rules you must adhere to when filing a medical malpractice claim or lawsuit in South Carolina. Some of the more important items include:
Documents You Must File
Before launching a medical malpractice lawsuit, you or your attorney must file a “notice of intent” in court. This document alerts all parties involved of the intent to file a lawsuit. In it, you must specify all health care providers you plan to sue and hold legally accountable for their actions. This is per S.C. Ann §15-79-125.
You must also provide the court an “expert affidavit,” per S.C. Ann §15-36-100. A qualified medical expert witness must submit this document detailing the negligent action or inaction of the health care provider you are suing.
The Statute of Limitations for Filing a Medical Malpractice Case in South Carolina
It is also important to note that you have a limited time to file a medical malpractice lawsuit in civil court. The statute of limitations is three years from the date of injury or when the incident took place, according to S.C. Ann §15-3-545. If you miss the window of opportunity to file, a judge could dismiss the case altogether.
There are exceptions to this statutory deadline. An attorney at Hammack Law Firm who handles medical malpractice cases in Seneca can determine if your case qualifies and ensure all paperwork is filed on time in the proper court.
Recoverable Damages You can Receive in a Medical Malpractice Case
You could be entitled to two types of damages based on the facts of your unique case: economic and non-economic damages. Economic damages are easier to calculate because they are based on the actual financial losses the medical error caused you. They include:
- Past, current, and future medical care costs, including hospital stays, procedures, imaging tests such as MRIs and X-rays, physical therapy, medical assistive devices, prescription medications
- Lost income for the time you missed from work due to the injuries the medical error caused
- Loss of future earning capacity if the injuries prevent you from performing the job duties you did before the incident
- Other out-of-pocket expenses, such as costs for home care or childcare if your injuries prevent you from performing domestic services
Non-economic damages are less tangible and more difficult to calculate because they are based on the emotional toll the medical error has taken on your daily life. They include:
- Pain and suffering if you are experiencing chronic pain that prevents you from doing daily tasks, such as cooking or grocery shopping
- Mental anguish if, as a result of the medical error, you are struggling with anxiety, depression, and/or insomnia
- Scarring or disability if your incident-related injuries have altered your appearance or left you permanently disabled
- Loss of enjoyment of activities if you can no longer enjoy the hobbies or activities you did before, such as bicycling or working out
It is important to keep in mind that South Carolina imposes a damages cap on noneconomic damages for medical malpractice. That means you cannot recover more than $350,000 in compensation for pain and suffering, mental anguish, or other non-economic damages mentioned above.
Hammack Law Firm attorneys familiar with these types of cases can fight to ensure you get the compensation you deserve.
What Our Clients are Saying About Us
At Hammack Law Firm, we treat our clients like our own friends and family. Check out what our clients have to say about our firm on Google:
- “I went to 3 other law firms first, and they all told me my case was not worth pursuing. I had a serious incident and went through a lot, so I decided to try 1 more. They took my case, and Paul got me a lot more than I expected! Everyone there is so helpful & friendly. Traci was also amazing! Thank you soooo much for everything.” – Tasha Miller
- “Absolutely a great group of people to work with. I don’t think I could have chosen a better firm to handle my case. Everyone is friendly and informative. If I ever have anymore legal issues I will be going back!” – Bob
- “My experience with this law firm was wonderful. I recommend anyone who is in need of a lawyer to contact this law firm!” – Rachell Hayes
We want to make South Carolina a safer place for everyone. If you are a victim of medical malpractice, do not suffer on your own. A lawyer from our firm can handle the case from start to finish while you focus on healing.
Call an Attorney at Hammack Law Firm Today
You are not alone in the quest for justice after experiencing medical malpractice. If you or a loved one suffered injuries due to a health care provider’s negligence, you may be entitled to compensation. Call to discuss your case with a team member today.