If you visit a medical provider, you expect a high standard of care. Yet, there can be times when a medical provider does not follow this standard. In these instances, you can suffer an injury, and the medical provider can be held responsible for their negligence.
The Charleston personal injury lawyers at Shelly Leeke Law Firm has handled many medical malpractice lawsuits to date. If you are a victim of medical malpractice in Charleston, we can help. Reach out to our Charleston medical malpractice lawyers, and we can review your claim.
How Medical Malpractice Is Perceived in Charleston
South Carolina has medical malpractice statutes in place. A Charleston medical malpractice lawyer can explain these statutes. If a medical provider has violated any of these statutes, you are eligible to pursue damages.
There are several factors that must be present for medical malpractice to have occurred. These are:
- A medical provider did not follow a predetermined standard of care.
- You suffered an injury as a result of a medical provider’s negligence.
- The injury you suffered is causing considerable harm.
A medical malpractice lawyer in Charleston can review your case and identify the at-fault party. If a medical provider was negligent, your attorney will attempt to prove this in court. To do so, your attorney will first need to file a lawsuit on your behalf.
What to Expect When a Medical Malpractice Lawsuit in Charleston Gets Filed
A medical malpractice attorney in Charleston leaves no room for error when filing your lawsuit. Initially, A lawyer meets with you to discuss your case. If you decide to move forward with your lawsuit, your attorney makes sure your lawsuit is submitted in accordance with South Carolina’s statute of limitations.
You have a maximum of three years to file a medical malpractice lawsuit. There are some exceptions to this. Your attorney will make sure your lawsuit is filed within a reasonable time frame, so you can begin your pursuit for compensation right away.
After you file a medical malpractice lawsuit, you will get an opportunity to argue your case in court. It may take months or years before this opportunity comes to fruition. In the meantime, your attorney will help you prepare your argument and make it as strong as possible.
How to Argue a Charleston Medical Malpractice Claim
Medical malpractice cases can be complex. You need to provide a wealth of information to present to a judge or jury to support your claim. Some of the things you can provide to compel a judge or jury to rule in your favor include:
- Medical Records: You can share lab reports, treatment plans, discharge papers, and other medical documentation that shows a medical provider was negligent.
- Medical Bills: You can provide invoices for medical treatments that highlight the financial impact of your injury.
- Witness Testimony: You can let a witness testify about the care you received from a medical provider and how this provider did not deliver an adequate level of care.
You and your attorney will craft a legal strategy. Over the course of your litigation, you and your lawyer may fine-tune this strategy. When your trial date arrives, you and your lawyer will be ready to present a compelling argument.
The Results of a Charleston Medical Malpractice Case Vary
If your case goes to court, a judge or jury makes a decision on it. A judge or jury can issue any of the following judgments:
- The plaintiff will be awarded full damages. When the defendant is 100% responsible for the plaintiff’s injury, the plaintiff receives the full amount of damages that were requested.
- The plaintiff will be awarded partial damages. If the defendant and plaintiff share responsibility for the plaintiff’s injury, the at-fault party only pays a portion of the damages.
- The plaintiff will be awarded no damages. If the defendant was not negligent and not responsible for the plaintiff’s injury, the plaintiff receives no damages.
A medical malpractice lawyer in Charleston is committed to getting the most compensation possible for their client. By selecting an attorney with a history of great results, you can position yourself for success in court. Your attorney may even help you resolve your case outside the courtroom.
How a Settlement Offer Works in a Charleston Medical Malpractice Case
A medical provider may be concerned about the case against them. In this scenario, the provider may be inclined to present a settlement offer. In doing so, the provider may accomplish several things, such as:
- Speeding Up the Legal Process: If a plaintiff accepts a settlement, the case gets closed, without the need for a trial.
- Paying Only a Fraction of the Damages Requested: A plaintiff may accept a portion of the damages requested in the hopes of quickly resolving their case.
- Avoiding Reputational Damage: A provider may offer an immediate settlement to reduce the risk that a claim against them can impact how others perceive them.
If you are presented with a settlement offer, your attorney can help you review it. You must make the final decision on the offer. Fortunately, your lawyer can help you weigh a settlement proposal’s pros and cons and make an informed decision about it.
What to Look for in a Charleston Medical Malpractice Lawyer
The best medical malpractice attorney in Charleston leads by example. This attorney is an active member of their community and wants to help anyone who is a victim of medical malpractice. In addition, the lawyer understands the challenges that come with arguing a medical malpractice case and knows how to address them.
If you are considering filing a medical malpractice claim, meet with an attorney. Then, you can get insights into:
- How much money you could receive in compensation
- What the legal process entails
- How medical malpractice claims get settled
Your attorney will be accessible as your case progresses. There is no such thing as a “bad” legal question, either. If you have legal questions at any point during your litigation, share them with your attorney.
Get Started with a Medical Malpractice Lawsuit in Charleston
The Shelly Leeke Law Firm can help you with your medical malpractice lawsuit. A Charleston medical malpractice attorney is here to learn about your case. Get in touch with us today.