When you attend a doctor’s appointment, you expect great care. However, a doctor or another medical professional may be negligent. In this case, the medical provider can be held financially responsible for an injury or illness they caused.
At the Shelly Leeke Law Firm, we offer legal help to victims of medical malpractice in North Charleston. To learn more, reach out to a North Charleston medical malpractice attorney. Our North Charleston personal injury lawyers will review your medical malpractice claim and help you build your case.
How to Determine if You Are the Victim of Medical Malpractice in North Charleston
Medical malpractice takes place when a medical professional ignores a predetermined standard of care. At this point, the medical professional puts their patient at risk. If the patient suffers an injury, the medical professional may be held liable in a medical malpractice lawsuit.
In a medical malpractice lawsuit, you must be able to show a medical professional was negligent. To do so, you must prove that this professional:
- Was responsible for providing you with a reasonable level of care
- Did not fulfill their duty to provide you with this level of care
- Harmed you due to their negligence
A North Charleston medical malpractice lawyer understands there is no such thing as a one-size-fits-all case. Thus, the lawyer takes a look at every medical malpractice claim that comes their way. If the lawyer believes an individual is the victim of medical malpractice, the attorney can help this person sue any at-fault parties.
Common Types of Medical Malpractice in North Charleston
Medical malpractice extends beyond the fact that a patient may have disliked a medical provider or the care that was offered. Rather, an individual must treat a medical malpractice claim seriously. Only if a person suffers an injury in which a medical provider did not provide a suitable level of care and acted negligently should a person sue for damages.
There are several forms of medical malpractice, and they include:
- A medical provider misdiagnoses a patient.
- A medical provider delays a patient’s diagnosis, to the point where doing so harms the patient.
- A medical provider does not administer the correct treatment to a patient.
A medical malpractice attorney in North Charleston can review your claim and help you decide whether to move forward with a lawsuit. If your claim is valid, the attorney will encourage you to seek economic and non-economic damages. Plus, the lawyer will make sure your lawsuit is filed before it becomes too late to do so.
Time Can Run Out Quickly for Filing a Medical Malpractice Lawsuit in North Charleston
In most instances, there is a three-year time limit for suing a medical provider for medical malpractice in North Charleston. This means you have a maximum of three years from the date you suffered your injury to sue. If you fail to do so, you sacrifice your opportunity to pursue damages from any at-fault parties.
To file your lawsuit within a realistic time frame, it pays to hire an experienced medical malpractice lawyer in North Charleston. When you do, your lawyer will make sure your lawsuit paperwork is submitted right away. Next, your attorney will:
- Help you gather and review evidence
- Work with you to find witnesses that can testify on your behalf in court
- Teach you about what will happen when your case goes to trial
Filing a lawsuit is a key step in getting damages from any at-fault parties in a medical malpractice lawyer in North Charleston. Your lawyer will make sure this step is accomplished without any mistakes. Once your lawsuit is filed, your lawyer will communicate and collaborate with you and provide you with plenty of legal help throughout your litigation.
Damages to Seek in a Medical Malpractice Lawsuit in North Charleston
You can request economic and non-economic damages as part of a medical malpractice lawsuit. Even though you may be tempted to pursue money only for your medical costs, it is important to look beyond them. This enables you to seek compensation you can use to cover any short- and long-term costs associated with your injury.
A medical malpractice lawyer can provide tips for calculating your damages. Your lawyer will encourage you to look at various expenses, including:
- The costs of your medical treatments
- Any wages you have lost due to your inability to work as a result of your injury
- Any physical, mental, and emotional pain and suffering you have incurred due to your injury
Your attorney will urge you to pursue the most damages possible. There is no guarantee a judge or jury will award you the full amount of damages you request. Regardless, your lawyer will help you present a strong argument designed to help you secure a large settlement.
What to Expect When Your North Charleston Medical Malpractice Lawsuit Is Presented to an At-Fault Party
As soon as you file your lawsuit, the defendant may consider negotiating a settlement agreement. With a settlement, the defendant will pay a portion of the damages you originally requested. In return, you give up your right to seek further damages down the line.
If you receive a settlement offer, consult with your attorney. In this instance, you and your lawyer can review the offer and decide if it is in your best interest to accept it. When you assess the offer, you should account for:
- The immediate and long-term costs associated with your injury
- The potential impact on all parties involved if you accept the proposal
- What can happen if you decline or counter the offer
Your lawyer will encourage you not to accept any offer that falls short of your requirements. If you are unhappy with a settlement proposal, there is no harm in declining it. You and your attorney can then continue to work together to strengthen your case.
Take the First Step to File a Medical Malpractice Lawsuit in North Charleston
If you want to file a medical malpractice lawsuit, the Shelly Leeke Law Firm can assist. Our lawyer can help you navigate the legal challenges that can come up in a medical malpractice case. To learn more or request a free consultation, please contact us today.