Medical errors can lead to major health complications and hurt a victim’s finances. Unfortunately, medical professionals do make mistakes, and they must be held accountable for their actions.
At the Shelly Leeke Law Firm, we offer legal help to medical malpractice victims. Reach out to our Walterboro medical malpractice attorneys. Once you do, our Walterboro personal injury lawyers will perform a full review of your legal claim and take up the fight for you, so you can focus on recovery.
Examples of Medical Malpractice in Walterboro
A medical provider is required to follow a standard of care when treating patients. If the provider fails to do so, a patient can get injured. The patient can sue the provider due to their negligence, too.
There are many instances in which a person files a medical malpractice lawsuit, such as:
- A medical provider misdiagnoses or failed to diagnose an illness.
- A medical provider prescribed the wrong medication or prescribed the wrong dosage of medication.
- A medical provider discharged a patient from a treatment center too soon.
A Walterboro medical malpractice lawyer can share details about past medical malpractice cases and their results. The lawyer can review your claim and determine if you can make a strong argument for pursuing damages against a medical provider. If so, the lawyer can make sure your medical malpractice lawsuit gets filed, so you can take the first step to pursue damages.
How Damages Work in a Walterboro Medical Malpractice Case
Compensatory damages can be awarded in a medical malpractice case. You can receive economic and non-economic damages. Economic damages are objective, while non-economic ones are subjective.
Economic damages can include compensation for anything from the costs of your medical treatments for your injury to any wages you have lost due to your injury. Non-economic damages can include compensation for pain or suffering you incur due to your injury. There can also be times when you are awarded punitive damages, which are given out to prevent an at-fault party from future acts of negligence.
A medical malpractice attorney in Walterboro will encourage their client to seek a significant amount of damages. The lawyer can review the damages their client has incurred thus far and consider any future expenses. From here, the lawyer will help the client determine a suitable amount of damages to request.
How Damages Are Capped in a Walterboro Medical Malpractice Case
There is no limit on the amount of economic damages that a plaintiff can request in a medical malpractice case in Walterboro. On the other hand, there are caps on the amount of non-economic and punitive damages that can be awarded. A medical malpractice lawyer in Walterboro will discuss these caps with their client before moving forward with a lawsuit.
In terms of non-economic damages, there is a cap of $512,773 for medical malpractice lawsuit filed against a single care provider or institution. For cases where there is more than one defendant, the maximum amount of non-economic damages that can be awarded is $1,538,319. In these cases, none of the defendants can be responsible for more than $512,773 in damages.
For punitive damages, there is a limit of three times the amount of compensatory damages or $500,000, whichever is greater. It is important to note that punitive damages are rarely awarded in personal injury cases in Walterboro. Fortunately, a medical malpractice lawyer will ensure their client is well positioned to secure the most economic and non-economic damages.
What to Expect When You Prepare for a Walterboro Medical Malpractice Trial
Your medical malpractice lawyer will get you up to speed on the legal process. In doing so, your lawyer will explain what happens during a trial. Your lawyer will also help you prepare for anything that could happen once you go to court.
As part of your trial preparation, your lawyer may:
- Present you with questions that you may face when you go on the stand
- Explain how a defendant’s attorney may try to dispute your claim
- Gather evidence to support your claim
- Look for witnesses who can testify on your behalf
It pays to hire a medical malpractice lawyer that has a track record of success and maintains a personal rapport with their clients. Your attorney will not leave you in the dark at any point during your litigation. Instead, your lawyer will commit the time, energy, and resources to ensure that you are prepared for any legal challenges that may come up.
How a Walterboro Medical Malpractice Case Gets Settled
A defendant and plaintiff can negotiate with one another in the time leading up to a medical malpractice trial. If a defendant presents you with a settlement, you have three options on how to proceed:
- You can accept the settlement, which may give you a portion of the damages but allows you to resolve your case without a trial.
- You can decline the settlement, which means you will keep working with your lawyer to prepare for your trial.
- You can counter the settlement, and you and the defendant can continue to negotiate the settlement terms.
If you and a defendant cannot reach a settlement before a trial date, your case goes to court. A judge or jury will listen to what both sides have to say and review evidence and witness testimony. In addition, a judge or jury will make a final decision about whether you will be awarded damages.
A judge or jury may decide to award you full, partial, or no damages. Your attorney will advocate for you and make it clear to a judge or jury why full damages should be awarded. If you have a best-in-class attorney at your side, you can boost your chances of securing 100% of the damages you request.
Hire a Walterboro Medical Malpractice Lawyer
The Shelly Leeke Law Firm makes it easy to hire a medical malpractice attorney in Walterboro. We can connect you with our medical malpractice lawyer today. To learn more or request a free consultation, get in touch with us.