South Carolina Medical Malpractice Lawyers Near You

We are raised to inherently place immense trust in doctors and healthcare professionals, relying on their expertise and years of schooling during some of life’s most vulnerable moments. However, the unfortunate reality is that medical malpractice occurs far more often than we’d like to believe it does. At The Lovely Law Firm, our team of dedicated South Carolina medical negligence no win no fee attorneys work tirelessly to hold negligent parties accountable and fight for the compensation you rightfully deserve.

Medical Malpractice Statistics In The United States

The statistics paint a sobering picture. According to the American Medical Association (AMA), one in three clinicians will face a medical malpractice lawsuit at some point in their careers. This highlights the significant risks patients face due to medical mistakes during various stages of receiving medical treatment, whether during a procedure, from misdiagnosis, medical equipment failure, or a failure to diagnose altogether.

A landmark study by Johns Hopkins University estimates that over 250,000 deaths annually in the U.S. are attributable to medical negligence or error, making these mistakes the third-leading cause of death, trailing only heart disease and cancer. Some reports suggest the numbers may climb as high as 440,000 deaths annually. Additionally, with an average of 20,000 malpractice lawsuits filed each year across the country, the impact of these errors cannot be understated.

When the healthcare system falls short, and you are looking for the best medical malpractice lawyers in SC, The Lovely Law Firm is here to help. Let us be your advocate in seeking justice and accountability.

Most Common Examples Of Medical Malpractice

Medical professionals are held to extremely high standards for patient safety, and that is for good reason. We put all of our trust in them when it comes to decisions that directly affect our health and well-being. When healthcare providers fail to uphold these standards by ignoring protocols, behaving recklessly, or failing to act as competent medical professionals, the results can be catastrophic and life-altering. If these actions lead to harm, legal action may be warranted. The most common types of medical malpractice include:

• Misdiagnosis – Some conditions are more challenging to diagnose due to overlapping symptoms or confusing test results. However, carelessness or lack of attention to detail can lead to a misdiagnosis, which can severely affect a person’s health. This may result in the patient receiving treatment for a condition they do not have while their actual illness or injury goes untreated, potentially worsening their health.
• Surgical Errors – Surgical malpractice refers to errors such as operating on the wrong site, performing the wrong procedure, or leaving surgical materials inside the patient’s body. This form of malpractice often leads to severe complications in the future, including infections, or the need for additional corrective or removal surgeries.
• Missed or Delayed Diagnosis – A missed or delayed diagnosis is considered medical malpractice when a doctor fails to recognize the signs of a condition or delays identifying it. This can happen when a doctor neglects to order necessary tests, review a patient’s medical history, or follow up on concerning symptoms the patient is exhibiting. Such negligence is particularly dangerous in cases involving aggressive diseases like cancer, where early intervention is very important.
• Failure to Treat or Incorrect Treatment – Even after diagnosing a patient, failing to provide the correct treatment or neglecting to treat them altogether can be considered malpractice. For instance, prescribing the wrong medication or not addressing a severe condition adequately can lead to worsening symptoms, additional injuries, or even life-threatening complications.
• Medication or Pharmacy Errors – Medication errors can occur at any stage of the treatment process, including during prescribing, transcribing, dispensing, or administering drugs. A skipped safety check in the chain can result in a patient receiving the wrong medication, incorrect dosage, or dangerous drug interactions, sometimes with fatal outcomes.
• Medical Equipment Failure – Malfunctioning or improperly maintained medical equipment can also lead to severe injuries. For example, Impella heart pumps have recently been found to be a part of several lawsuits. Other forms of medical equipment failure include a defective ventilator, faulty surgical tools, or miscalibrated diagnostic devices can cause incorrect treatments, misdiagnoses, or direct harm to patients. When medical professionals or facilities fail to ensure equipment is safe and operational, they may be held accountable under medical malpractice laws.
• Childbirth Injuries – Negligence during pregnancy, labor, or delivery can result in devastating birth injuries to the child or mother, and could even end in death. Conditions like Erb’s palsy, hypoxic-ischemic encephalopathy (HIE), and other permanent impairments can be a result of improper monitoring, delayed intervention, or failure to follow established protocols.

If you or your loved one suffered injuries due to medical negligence, including misdiagnoses, surgical errors, or medical equipment failures, you may be entitled to pursue compensation for any resulting injuries. If you are looking for the best medical malpractice lawyers in South Carolina, the experienced Myrtle Beach medical malpractice attorneys on our team at The Lovely Law Firm are ready to hold negligent healthcare providers accountable and fight for the compensation you deserve.

How To Prove Medical Malpractice

At The Lovely Law Firm, our team of experienced medical malpractice lawyers in SC is dedicated to holding negligent healthcare providers accountable, whether they are doctors, nurses, other healthcare providers, or medical equipment manufacturers. Proving medical malpractice is a complex process requiring thorough investigation, expert analysis, and strong evidence. Here’s how we build your case:

Establishing a Medical Provider-Patient Relationship

We begin the process of proving medical malpractice by demonstrating that a formal relationship existed between you and the medical professional or company accused of malpractice. This establishes the provider’s “duty of care,” which legally binds them to deliver treatment that is under accepted medical standards. Evidence that can be used to confirm a doctor-patient relationship includes:

• Medical records
• Appointment history
• Treatment plans are used to confirm this relationship

Proving Negligence in Care

Medical malpractice occurs when a healthcare provider’s actions, or inaction, deviate from the standard of care that is expected from similarly trained professionals under the same circumstances. We work with trusted medical experts who analyze your medical records and case to determine if your provider acted negligently or within the standard of care. Their testimony can be vital in showing what a competent provider would have done differently.

Linking Negligence to Your Injury

To succeed in a malpractice claim, we must show that the provider’s negligence was the direct cause of your injury or harm. This can be challenging, especially when patients are already dealing with existing illnesses or injuries. We collaborate with medical specialists to establish that it was “more likely than not” that the provider’s actions—or lack thereof—led to your damages. This causation link is supported by medical records, diagnostic results, and expert testimony.

Demonstrating Significant Damages

For a medical malpractice claim to be valid in South Carolina, your injury must have resulted in measurable damages. We will gather evidence to substantiate both economic and non-economic losses, including:

• Non-Economic Damages – Physical pain, suffering, emotional distress, disability, loss of quality of life, or disfigurement.
• Economic Damages – Current and future medical and rehabilitation expenses, lost wages and diminished earning potential.

By thoroughly documenting the extent of your injuries and the resulting financial and emotional toll, we ensure that your claim accurately reflects the compensation you deserve.

Is There A Cap On Medical Malpractice In South Carolina?

In South Carolina, there is a cap on the amount of compensation you can receive for the non-economic damages claimed in a medical malpractice case. This means that any type of damage that cannot be assigned a financial value, and includes:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life

The medical malpractice cap is adjusted annually based on the Consumer Price Index, reflecting inflation and other economic factors. Starting in December 2023, South Carolina has increased the medical malpractice cap is $564,168 for claims against a single healthcare provider or institution and $1,692,503 for claims against all healthcare providers and institutions combined. While these limitations on compensation for non-economic damages can complicate your case, the experienced medical malpractice attorneys near you at The Lovely Law Firm are here to navigate these restrictions and fight for the maximum compensation you deserve.

What Is The Statute Of Limitations For Medical Malpractice

The statute of limitations for filing a medical malpractice claim is three years from the date of the treatment, as outlined in South Carolina Law § 15-3-545. This means you must take legal action within this time frame to seek compensation for injuries resulting from medical, surgical, or dental treatment by a licensed healthcare provider. Failing to file a medical malpractice claim within the three-year period could prevent you from recovering damages related to your injury. At The Lovely Law Firm, our medical malpractice attorneys near you can guide you through the process and ensure your claim is filed on time, safeguarding your right to pursue justice.

How Our Medical Malpractice Attorneys Near You Can Help

At The Lovely Law Firm Injury Lawyers, justice is at the heart of everything we do for our clients. Our experienced South Carolina medical malpractice lawyers are dedicated to holding negligent healthcare providers and medical equipment companies accountable. Our team fights for the compensation you deserve by thoroughly investigating your case, gathering critical evidence, consulting with medical experts, and building a strong legal strategy tailored to your unique situation. Whether it is negotiating with insurance companies or advocating for you in court, our goal is to secure justice and financial recovery for the harm you’ve suffered. Let us help you through this challenging time and ensure your voice is heard.