Medical Malpractice

Injury Attorney Assisting Spartanburg and Greenville Residents

We all put the utmost faith and trust in medical professionals, hoping that they will treat us with the appropriate care and skill. For some of us with chronic illnesses or conditions that require routine medical care, we do not have a choice when it comes to relying on the expertise of our doctors. Unfortunately, they do not always treat their patients appropriately, and some even fail to provide a diagnosis until it is too late. Experienced injury lawyer Patrick E. Knie has helped many medical malpractice victims in the Spartanburg area. He also can represent people in Greenville and the surrounding communities in seeking the compensation they deserve after being harmed by a doctor’s carelessness.

Bringing a Medical Malpractice Case in South Carolina

In South Carolina, a victim must bring a case for medical malpractice within either two or three years from the date the incident occurred, depending on whether the hospital is considered public or private and whether the doctors or other medical providers work for the public hospital. It is therefore important to contact a lawyer as soon as possible. Before a complaint alleging malpractice may be filed, the plaintiff must file a Notice of Intent to File Suit with a sworn affidavit from a qualified medical witness who will serve as an expert on the plaintiff’s behalf. The affidavit must specify at least one example of how the defendant’s conduct resulted in negligence and harm to the patient.

In an action against a health care provider, a patient must prove that the defendant failed to treat the patient with the appropriate level of skill and care that would be expected within the doctor’s area of specialty when treating someone with the plaintiff’s condition and demographics. This can include a number of actions, including prescribing the wrong medication or an improper dosage of the correct medication, failing to diagnose the plaintiff’s condition, or improperly diagnosing the plaintiff. There are many obvious instances of medical negligence as well, such as amputating the wrong limb or performing the wrong surgical procedure on a patient.

After showing that the doctor was negligent, the patient must demonstrate that this negligence was the cause of his or her injuries. A doctor’s breach of the medical standard of care will be deemed the cause of the plaintiff’s harm if he or she shows that the injuries would not have occurred but for the doctor’s negligence.

Finally, an injured individual must provide evidence supporting the damages that he or she is claiming in the lawsuit. The state has enacted a legislative cap on the amount of damages that a plaintiff may be able to recover in a claim against a doctor. For non-economic damages, such as pain and suffering, the plaintiff’s recovery is currently limited to $350,000. In situations involving multiple medical defendants, the plaintiff can potentially recover up to that amount from each defendant, but currently no more than $1.05 million overall. However, it is important to know that a plaintiff’s recovery of economic damages, such as medical bills, physical therapy costs, and lost wages or loss of future earning capacity, is not limited by any statutory caps.

Consult a Lawyer for a Negligence Claim in Spartanburg or Greenville

Patients who have been harmed as the result of a health care professional’s negligence may be entitled to compensation. Dedicated attorney Patrick E. Knie has guided victims of surgical errors and other instances of medical malpractice in Spartanburg and the surrounding communities. He also has counseled many injured individuals in Greenville and other areas of Union, Cherokee, Greenville, and Laurens Counties. We maintain offices in both Spartanburg and Greenville, making it convenient for our clients to receive the direct and compassionate attention that they deserve. Call us now at (864) 582-5118 or contact us online to set up a free consultation today.