Holding Healthcare Providers Accountable

Medical Negligence or Medical Malpractice is the failure of a health care provider to follow the accepted standards of care, based on the information known or should have been known by the provider at the time, by doing something outside the standard of care or failing to perform actions required by the standard of care.

Understanding the Standard of Care

The standard of care is measured by whether or not a similarly educated physician, engaged in the same type of medical practice, would render the same treatment. An individual bringing this type of action must prove the applicable standard of care and, through expert testimony, prove the healthcare provider breached that standard.

Elements of a Medical Malpractice Claim:

  • Duty of Care: A doctor-patient relationship existed, establishing a duty to provide care
  • Breach of Standard: The healthcare provider failed to meet the accepted standard of care
  • Causation: The breach directly caused injury or harm to the patient
  • Damages: The patient suffered measurable harm as a result of the negligence

Proving Medical Negligence

Even if a healthcare provider was negligent, the individual must prove that the injuries and damages were caused by that negligence. It is possible that injuries may occur that are characterized as acceptable complications under the standard of care. This creates the potential for minimal or no recovery for complications even when severe injury follows.

An individual must then prove the value of the damages suffered that are directly related to the negligence and their financial value. Damages include but are not limited to pain and suffering, lost or diminished income, medical and other expenses. Only expenses directly related to the negligence may be reimbursed.

Types of Medical Malpractice We Handle

Surgical Errors

Wrong-site surgery, retained instruments, anesthesia errors

Misdiagnosis

Failure to diagnose or delayed diagnosis of serious conditions

Birth Injuries

Injuries to mother or baby during pregnancy or delivery

Medication Errors

Wrong medication, dosage errors, or drug interactions

Hospital Negligence

Infections, falls, inadequate staffing, or poor care

Emergency Room Errors

Failure to properly treat or triage patients

Nursing Home Abuse

Neglect, abuse, or substandard care in facilities

Cancer Misdiagnosis

Failure to detect or delayed cancer diagnosis

Treatment Errors

Improper treatment or failure to follow protocols

Recoverable Damages in Medical Malpractice Cases

Compensation May Include:

  • Pain and suffering (physical and emotional)
  • Lost or diminished income and earning capacity
  • Past and future medical expenses
  • Rehabilitation and therapy costs
  • Home care and modifications
  • Loss of quality of life
  • Permanent disability or disfigurement
  • Wrongful death damages (in fatal cases)

The Complexity of Medical Malpractice Cases

Medical malpractice cases are among the most complex types of personal injury litigation. They require:

  • Extensive review of medical records and documentation
  • Expert medical testimony from qualified specialists
  • Understanding of complex medical procedures and standards
  • Thorough investigation of the healthcare provider's actions
  • Coordination with medical experts and consultants
  • Knowledge of South Carolina medical malpractice laws
  • Resources to take on hospitals and insurance companies

Why Experience Matters

Medical malpractice cases require attorneys with specific experience in this complex area of law. Our firm has the knowledge, resources, and expert connections necessary to thoroughly investigate your claim and build a strong case.

We work with leading medical experts who can review your case, identify deviations from the standard of care, and provide credible testimony to support your claim.

Free Case Evaluation

In order to provide an individual with proper advice, we must be aware of the facts of the case. We offer an initial consultation at no charge to discuss a potential claim and how our firm handles investigation and representation.

During your consultation, we will review your medical records, explain your legal rights, and help you understand whether you have a valid medical malpractice claim.

Suffered from Medical Negligence?

If you believe you or a loved one has been the victim of medical malpractice, contact Smith, Watts and Associates today for a free consultation. Time limits apply to medical malpractice claims.