Medical malpractice litigation in South Carolina is a legal process that individuals can use to seek compensation for injuries or damages that they have sustained due to the negligence or wrongdoing of a medical provider.
In South Carolina, individuals who believe that they have been the victim of medical malpractice can file a lawsuit against the medical provider or facility that they believe is responsible for their injuries. In order to win a medical malpractice case in South Carolina, the plaintiff (the individual bringing the lawsuit) must be able to prove that: (1) The medical provider owed them a duty of care, (2) The medical provider breached this duty of care through their actions or inaction, (3) The medical provider's breach of the duty of care caused the plaintiff's injuries, (4) The plaintiff suffered damages as a result of their injuries.
There are many different types of medical malpractice claims that individuals can bring, and the specific type of claim will depend on the circumstances of the case. Some of the most common types of medical malpractice claims include:
1. Surgical Errors: Surgical errors are mistakes or errors that are made during surgery, and they can lead to medical malpractice claims if they cause injuries or damage to the patient. Some common examples of surgical errors that can lead to medical malpractice claims include:
- Operating on the Wrong Body part: This type of error occurs when the medical provider performs surgery on the wrong body part, such as operating on the wrong leg or removing the wrong organ.
- Leaving a Foreign Object in the Patient's Body: This type of error occurs when the medical provider leaves a foreign object, such as a surgical sponge or instrument, in the patient's body after surgery.
- Performing the Wrong Surgery: This type of error occurs when the medical provider performs the wrong surgery, such as performing a hysterectomy when the patient was supposed to have a gallbladder removal.
- Damaging a Nerve or Other Body Part: This type of error occurs when the medical provider damages a nerve, blood vessel, or other body parts during surgery.
- Anesthesia Errors: This type of error occurs when the medical provider makes a mistake during the administration of anesthesia, such as giving the patient too much or too little anesthesia or failing to properly monitor the patient during surgery.
Surgical Errors can have serious consequences for patients, and they may be entitled to seek compensation for their injuries or damages through a medical malpractice claim.
2. Misdiagnosis or Delayed Diagnosis: Misdiagnosis, or a failure to diagnose a medical condition, can lead to medical malpractice if it causes injuries or damages to the patient. Misdiagnosis can occur when a medical provider fails to correctly diagnose a medical condition or fails to diagnose a condition in a timely manner. Some common examples of misdiagnosis that can lead to medical malpractice include:
- Failing to Diagnose a Serious Medical Condition: This type of misdiagnosis occurs when a medical provider fails to diagnose a serious medical condition, such as cancer or a heart attack, resulting in the patient's condition worsening or the patient suffering unnecessary harm.
- Misdiagnosing a Medical condition: This type of misdiagnosis occurs when a medical provider incorrectly diagnoses a medical condition, leading to the patient receiving inappropriate treatment or no treatment at all.
- Delayed Diagnosis: This type of misdiagnosis occurs when a medical provider fails to diagnose a medical condition in a timely manner, resulting in the patient's condition worsening or the patient suffering unnecessary harm.
3. Birth Injuries: Birth injuries can occur during pregnancy, childbirth, or the postpartum period, and they can have serious consequences for both the newborn and the mother. Some common examples of birth injuries that can lead to medical malpractice claims include:
- Cerebral Palsy: This condition is caused by damage to the brain and can occur during pregnancy, childbirth, or the postpartum period.
- Erb's Palsy: This condition is caused by damage to the nerves in the shoulder and arm and can occur during childbirth if the baby's shoulder becomes stuck during delivery.
- Klumpke's Palsy: This condition is caused by damage to the nerves in the hand and arm and can occur during childbirth if the baby's shoulder becomes stuck during delivery.
- Shoulder Dystocia: This condition occurs when the baby's shoulder becomes stuck during delivery, which can lead to injury if it is not addressed promptly.
- Lack of Oxygen During Childbirth: This can occur if the baby does not receive enough oxygen during delivery and can lead to brain damage or other serious injuries.
4. Medication Errors: Medication errors can occur at various stages of the medication process, including when a medication is prescribed, when it is dispensed, and when it is administered. Some common examples of medication errors that can lead to medical malpractice claims include:
- Prescribing the Wrong Medication: This type of error occurs when a medical provider prescribes the wrong medication or the wrong dosage of medication.
- Dispensing the Wrong Medication: This type of error occurs when a pharmacist dispenses the wrong medication or the wrong dosage of medication.
- Administering the Wrong Medication: This type of error occurs when a medical provider administers the wrong medication or the wrong dosage of medication.
- Failing to Adequately Monitor the Patient's Response to the Medication: This type of error occurs when a medical provider fails to monitor the patient's response to the medication and fails to adjust the medication as needed.
5. Hospital Negligence: Hospital negligence can occur in a variety of ways, including if the hospital fails to provide adequate care, if it fails to follow appropriate protocols and procedures, or if it fails to adequately train its staff. Some common examples of hospital negligence that can lead to medical malpractice claims include:
- Failing to Properly Diagnose or Treat a Medical Condition: This type of negligence occurs when the hospital fails to correctly diagnose or treat a medical condition, resulting in the patient's condition worsening or the patient suffering unnecessary harm.
- Failing to Properly Sterilize Equipment: This type of negligence occurs when the hospital fails to properly sterilize equipment, leading to the patient contracting an infection.
- Failing to Properly Monitor the Patient: This type of negligence occurs when the hospital fails to adequately monitor the patient's condition, resulting in the patient's condition worsening or the patient suffering unnecessary harm.
- Failing to Properly Medicate the Patient: This type of negligence occurs when the hospital fails to correctly administer medication to the patient or fails to adequately monitor the patient's response to the medication.
It is important to keep in mind that this list is not exhaustive, and there are many other types of medical malpractice claims that individuals can bring. These injuries can be complex and often require expert testimony to establish the appropriate standard of care and to prove that the medical provider deviated from that standard.
Finkel Law Firm LLC can advise you of your rights and potential claims. Please do not hesitate to contact Johnny Stewart at 843-577-5460 to schedule a consultation.