Trust in medical professionals forms the foundation of our healthcare system. However, sometimes that trust is broken through negligence or error. For residents of Summerville and surrounding communities dealing with the aftermath of medical mistakes, the path forward can feel overwhelming. Our dedicated team at West Law Firm Personal Injury Lawyers stands ready to help you through this difficult time.
As a family-owned firm with deep roots in the Lowcountry since 1945, we bring decades of experience to medical malpractice cases. Our Summerville medical malpractice attorneys combine local knowledge with specialized legal expertise to advocate for patients harmed by medical negligence.
What Defines Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to deliver care that meets accepted professional standards, resulting in patient harm. This area of law protects patients who suffer injuries due to medical negligence.
Not every poor outcome qualifies as malpractice. Healthcare involves inherent risks, and sometimes negative results happen despite proper care. The key difference lies in whether the provider deviated from standard medical practices.
Examples of medical malpractice include:
- Surgical errors
- Medication mistakes
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Anesthesia errors
- Failure to obtain informed consent
- Inadequate follow-up care
South Carolina law allows injured patients to seek compensation, but these cases demand specific legal knowledge. Our Summerville medical malpractice attorneys have the expertise needed to evaluate your situation and determine if you have grounds for a claim.
How Medical Malpractice Claims Work in South Carolina
Medical malpractice claims in South Carolina follow strict procedures and timelines. The state requires plaintiffs to file a Notice of Intent to Sue before proceeding with a lawsuit. This notice must include an expert affidavit from a qualified medical professional who confirms the claim has merit.
The statute of limitations typically gives patients three years from the date of injury or the date they discovered (or should have discovered) the injury to file suit. However, this period never extends beyond six years from when the actual malpractice occurred. The time period also very much depends on the medical provider’s ownership structure. This could potentially shorten the claim period even more.
These time constraints make prompt action essential. Waiting too long can permanently eliminate your right to seek compensation. Our team works diligently to ensure all deadlines are met while building the strongest possible case.
Damages Available in Medical Malpractice Cases
Patients who suffer harm due to medical negligence may recover several types of damages:
- Economic damages cover measurable financial losses such as medical bills, rehabilitation costs, lost wages, and future care expenses.
- Non-economic damages address intangible losses, including pain, suffering, emotional distress, and reduced quality of life. South Carolina caps non-economic damages at $350,000 per defendant, with a total limit of $1.05 million regardless of the number of defendants. However, these caps may not apply under all circumstances, and the type of defendant involved can further change the amount of these caps.
Our Summerville medical malpractice attorneys carefully calculate all applicable damages to ensure you receive fair compensation for both current and future needs resulting from medical negligence.
The Importance of Medical Expert Testimony
Success in medical malpractice cases often hinges on expert testimony. These experts explain complex medical standards to judges and juries, clarifying how the care you received deviated from acceptable practices.
Finding qualified experts willing to testify against fellow medical professionals presents significant challenges. West Law Firm has developed relationships with respected medical experts across various specialties. These connections allow us to build compelling cases supported by authoritative testimony.
Common Challenges in Medical Malpractice Cases
Medical malpractice litigation ranks among the most complex areas of personal injury law for several reasons:
- Strong opposition: Healthcare providers and their insurers defend these claims aggressively, often employing teams of specialized attorneys.
- Technical complexity: Cases involve detailed medical records and specialized knowledge that requires expert interpretation.
- Emotional factors: Jurors sometimes hesitate to find against doctors and hospitals, creating an additional hurdle for plaintiffs.
Our firm addresses these challenges through thorough preparation, strategic case development, and clear communication. We explain complex medical concepts in straightforward terms that judges and juries can understand.
Why Choose West Law Firm for Your Medical Malpractice Case
Medical malpractice victims need more than legal representation; they need advocates who truly care about their well-being.
Since 1945, our family-owned firm has served Summerville and the broader Lowcountry community with compassion and dedication.
We take pride in offering personalized attention to each client. When you work with us, you deal directly with experienced Summerville medical malpractice attorneys who remain accessible throughout your case. This approach stands in contrast to large firms, where clients often feel like just another file number.
Our office in Moncks Corner, SC, serves as the home base for our medical malpractice practice, providing convenient access for Summerville residents. We also offer consultations at locations that accommodate clients with mobility issues resulting from medical negligence.
Taking the First Step Toward Justice
If you have suffered harm due to possible medical negligence, talking with a knowledgeable Summerville medical malpractice lawyer represents a crucial first step. Our team offers confidential consultations to evaluate your situation and explain your legal options.
Medical malpractice cases demand prompt action due to strict filing deadlines. Contact West Law Firm Personal Injury Lawyers today to preserve your rights and begin your journey toward justice and fair compensation.