Summerville, SC Medical Malpractice Lawyer

South Carolina Attorneys for Healthcare Provider Mistakes

Doctors, nurses, pharmacists, and other healthcare professionals occupy a place of trust in society. When you need medical treatment, you reasonably assume that you are in good hands. However, even the best healthcare providers make mistakes; and these errors can have lasting consequences on your health or even be fatal. 

The dedicated Summerville medical malpractice attorneys at the Steinberg Law Firm work with patients who have fallen victim to healthcare practitioners’ negligence, helping them recover compensation for the injuries they suffered. We have been representing clients in South Carolina medical malpractice lawsuits for decades and command an in-depth understanding of this complex practice area. At the same time, we recognize that this is a challenging time for you and your family and strive to make the process as easy on you as possible.  

National Medical Malpractice Statistics

• Twenty-one percent of patients personally report having suffered from a medical error. 
• According to a report by the Inspector General’s office, 1 in 7 Medicare patients experiences a medical error while in the hospital. This amounts to 134,000 Medicare recipients suffering serious injury and an additional 1,500 deaths. Forty-four percent of these errors were later determined to have been preventable. 
• 1 in 10 doctors admits having made a “major medical error” within the most recent three-month period.
• Between 49 and 53 percent of all medical errors involved nurses with less than one year of experience.  
• Medical mistakes are the third leading cause of death in the United States. According to Johns Hopkins University, 10 percent of deaths in the United States are due to medical errors. 
• According to the World Health Organization, 1 in 10 people are harmed while receiving hospital care, with approximately half of these incidents being preventable. 
• According to the World Health Organization, a diagnostic error (misdiagnosis or failure to diagnose) occurs in approximately five percent of all United States patients.
◦ Diagnostic errors account for about 10 percent of patient deaths.
◦ Diagnostic errors account for between 6 to 17 percent of all harmful events in United States hospitals. 
• According to the World Health Organization, seven percent of hospital patients develop healthcare-associated infections. 
◦ Patients who develop a healthcare-associated infection are 64 percent more likely to die in the hospital. 
◦ Proper handwashing can reduce the rate of healthcare-associated diseases by 64 percent.
• Each year, in the United States, there are more than 4,000 “never events,” which are “clearly identifiable, preventable, and serious in their consequences for patients, and that indicate a real problem in the safety and credibility of a health care facility.”
• On average, across the nation, a surgeon leaves a foreign object in a patient’s body 39 times per week. 
• On average, surgeons perform the wrong surgery or perform surgery on the wrong part of the body around 20 times per week, in the United States.

What Is Medical Malpractice?
 
Medical malpractice is a personal injury claim that arises when a healthcare provider’s negligence results in harm to a patient. Just because a patient does not realize the outcome they had hoped for after a course of medical treatment does not mean that the doctor committed medical malpractice. Medical negligence cases are incredibly complex; however, in general, to successfully bring a Summerville medical malpractice lawsuit, a patient must present proof of the following four elements:

• A doctor-patient relationship existed;
• The care provided by the healthcare professional fell below the acceptable standard of care;
• The healthcare worker’s negligence resulted in the patient’s injury; and
• The patient suffered specific damages due to their injuries. 

One of the most challenging aspects of a medical malpractice case is establishing that the doctor was legally negligent. These cases often involve issues beyond the common understanding of most people—and judges. Therefore, injured patients must typically work with expert witnesses who can help explain why a doctor’s actions were negligent and what they could have done differently. An expert witness can also help prove causation or how a doctor’s actions led to the patient’s injuries.

At the Steinberg Law Firm, we work with a network of respected medical experts with whom we consult in our medical malpractice cases. Given our experience, tenacity, and dedication to our clients’ well-being, we can effectively handle even the most complex Summerville medical negligence cases.

Common Instances of Medical Malpractice Among Summerville Healthcare Professionals

The range of possible medical malpractice cases is broad. However, a few of the more common types of medical negligence cases we have seen include:

• Surgical errors;
Misdiagnosis and delayed diagnosis cases;
• Emergency room errors;
• Prescription-drug related injuries;
• Failure to order necessary diagnostic testing;
• Inaccurately reading medical test results;
• Birth injuries to both mothers and children;
• Disregarding a patient’s medical history; and
• Prematurely discharging a patient without the proper follow-up care.

At the Steinberg Law Firm, we represent clients who suffered at the hands of a negligent healthcare worker. We handle cases across South Carolina, including those stemming from treatment at the following hospitals:

Summerville Medical Center
Medical University of South Carolina 
• Ralph H. Johnson VA Medical Center
Bon Secours St. Francis Hospital

We also handle medical negligence cases arising from any other medical provider in the greater Charleston area, including primary care physicians, elective surgeons, pediatric specialists, and more. 

Damages in a South Carolina Medical Malpractice Case

A medical error can drastically change your life. While the injuries caused by medical malpractice vary widely, it is common for patients to spend additional time in the hospital, incur massive medical debt, miss time at work, and endure a lifetime of symptoms they would not otherwise have experienced. 

Patients successful in bringing a Summerville medical malpractice claim are eligible for financial damages to compensate them for what they have been put through. Common types of compensation in a medical negligence lawsuit include:

• Medical and hospital bills
• Future medical expenses
• Cost of in-home care
• Pain and suffering
• Necessary adaptive technology
• Loss of insurance benefits
• Lost wages
• Decrease in earning capacity

Of course, every claim—and every client—is unique. Every case should be approached with this in mind. When you decide to allow us to help you pursue compensation from a negligent medical provider, we will get to know you and the impact the physician’s negligence had on your life before recommending any course of action. We can help you identify all your damages, so you can rest assured that you are pursuing all that you deserve.

Unique Procedural Requirements in a South Carolina Medical Malpractice Claim

In recent years, there has been growing concern over numerous medical malpractice cases, many of which are without merit. In response, South Carolina lawmakers passed legislation requiring patients to comply with strict procedural requirements before filing a claim. 

The prerequisites to filing a medical malpractice case in Summerville, SC are:

Filing a Notice of Intent to File Suit

Before filing a medical malpractice lawsuit, a patient must file a Notice of Intent to File Suit with the court. The patient, or their attorney, must also serve all potential defendants with a copy of the Notice. This Notice must identify all healthcare professionals who are alleged to be responsible for the patient’s injuries, outline the theory of liability, and specify the damages they are seeking. 

Filing an Expert Affidavit

In addition to the notice requirement, patients must present the court with an affidavit from a medical expert stating that, in the expert’s opinion, the patient’s case has merit. In the affidavit, the expert must specify what negligent act (or failure to act) constituted medical negligence. 

When correctly submitted, filing the Notice of Intent to File Suit and the Expert Affidavit will toll, or pause, the statute of limitations. However, if either of these documents is defective or fails to name a particular provider, the court will likely hold that the statute of limitations was not tolled. 

If an injured patient fails to follow these requirements, their case will be dismissed. While a dismissal for failing to comply with a procedural requirement will not automatically prevent a patient from refiling their claim, often, the statute of limitations has passed by the time they refile. Thus, it is crucial that an experienced medical malpractice lawyer who is familiar with the process handles a claim to ensure total compliance with these requirements. 

Our dedicated team of Summerville medical malpractice lawyers has extensive experience handling these complex cases at the Steinberg Law Firm. We are familiar with all procedural requirements and take care to ensure the total compliance of our client’s cases.

How Long Do I Have to File a Summerville Medical Malpractice Lawsuit?

Patients injured as the result of healthcare provider’s negligence must bring a claim within a certain amount of time. The time requirements for a South Carolina medical malpractice lawsuit are outlined in the state’s medical malpractice statute of limitations, contained in the South Carolina Code of Laws Section 15-3-545. 

Section 15-3-545 provides that a patient must bring a claim “within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from the date of discovery or when it reasonably ought to have been discovered, not to exceed six years from the date of occurrence, or as tolled by this section.”

The general rule is that a claim must be filed within three years from the date of treatment. However, medical malpractice cases are unique in that a patient may not immediately know they received inadequate care. In these cases, the patient has three years from the date they knew or should have known about the malpractice. However, South Carolina imposes a strict six-year statute of repose, meaning that no claim can be filed after six years from the date of treatment unless the statute is tolled due to fraud or concealment on the part of the healthcare provider. 

While patients have up to three years to bring a claim, it is a good idea to meet with a Summerville medical malpractice lawyer well before this deadline approaches. In part, this is because the evidence is much easier to locate soon after the incident of alleged malpractice. 

Contact the Summerville Medical Malpractice Lawyers at the Steinberg Law Firm for Immediate Assistance

If you or a loved one recently suffered at the hands of a negligent medical professional, give the Summerville medical malpractice attorneys at the Steinberg Law Firm a call. At the Steinberg Law Firm, we put our clients and their well-being first. When you call us to schedule a free consultation, we want to educate you about your options, not convince you to bring a claim; it is up to you how you proceed.

If you decide to bring us on board to assist with your case, we will get started preparing your claim immediately. With nearly 100 years of experience representing injury victims, we understand what you are going through and how to make the recovery process as straightforward as possible. Our team of Summerville medical malpractice lawyers is skilled at negotiation and litigation and will strive to settle your case without the need for a long, drawn-out trial. Over the past ten years, we have recovered more than $500 million on behalf of injured clients and look forward to helping you with your claim. To learn more and schedule a free consultation, give us a call toll-free at 843-720-2800. You can also reach out through our online form, and one of our attorneys will get back to you shortly.

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

Summerville, SC Medical Malpractice Lawyer

South Carolina Attorneys for Healthcare Provider Mistakes

Doctors, nurses, pharmacists, and other healthcare professionals occupy a place of trust in society. When you need medical treatment, you reasonably assume that you are in good hands. However, even the best healthcare providers make mistakes; and these errors can have lasting consequences on your health or even be fatal. 

The dedicated Summerville medical malpractice attorneys at the Steinberg Law Firm work with patients who have fallen victim to healthcare practitioners’ negligence, helping them recover compensation for the injuries they suffered. We have been representing clients in South Carolina medical malpractice lawsuits for decades and command an in-depth understanding of this complex practice area. At the same time, we recognize that this is a challenging time for you and your family and strive to make the process as easy on you as possible.  

National Medical Malpractice Statistics

• Twenty-one percent of patients personally report having suffered from a medical error. 
• According to a report by the Inspector General’s office, 1 in 7 Medicare patients experiences a medical error while in the hospital. This amounts to 134,000 Medicare recipients suffering serious injury and an additional 1,500 deaths. Forty-four percent of these errors were later determined to have been preventable. 
• 1 in 10 doctors admits having made a “major medical error” within the most recent three-month period.
• Between 49 and 53 percent of all medical errors involved nurses with less than one year of experience.  
• Medical mistakes are the third leading cause of death in the United States. According to Johns Hopkins University, 10 percent of deaths in the United States are due to medical errors. 
• According to the World Health Organization, 1 in 10 people are harmed while receiving hospital care, with approximately half of these incidents being preventable. 
• According to the World Health Organization, a diagnostic error (misdiagnosis or failure to diagnose) occurs in approximately five percent of all United States patients.
◦ Diagnostic errors account for about 10 percent of patient deaths.
◦ Diagnostic errors account for between 6 to 17 percent of all harmful events in United States hospitals. 
• According to the World Health Organization, seven percent of hospital patients develop healthcare-associated infections. 
◦ Patients who develop a healthcare-associated infection are 64 percent more likely to die in the hospital. 
◦ Proper handwashing can reduce the rate of healthcare-associated diseases by 64 percent.
• Each year, in the United States, there are more than 4,000 “never events,” which are “clearly identifiable, preventable, and serious in their consequences for patients, and that indicate a real problem in the safety and credibility of a health care facility.”
• On average, across the nation, a surgeon leaves a foreign object in a patient’s body 39 times per week. 
• On average, surgeons perform the wrong surgery or perform surgery on the wrong part of the body around 20 times per week, in the United States.

What Is Medical Malpractice?
 
Medical malpractice is a personal injury claim that arises when a healthcare provider’s negligence results in harm to a patient. Just because a patient does not realize the outcome they had hoped for after a course of medical treatment does not mean that the doctor committed medical malpractice. Medical negligence cases are incredibly complex; however, in general, to successfully bring a Summerville medical malpractice lawsuit, a patient must present proof of the following four elements:

• A doctor-patient relationship existed;
• The care provided by the healthcare professional fell below the acceptable standard of care;
• The healthcare worker’s negligence resulted in the patient’s injury; and
• The patient suffered specific damages due to their injuries. 

One of the most challenging aspects of a medical malpractice case is establishing that the doctor was legally negligent. These cases often involve issues beyond the common understanding of most people—and judges. Therefore, injured patients must typically work with expert witnesses who can help explain why a doctor’s actions were negligent and what they could have done differently. An expert witness can also help prove causation or how a doctor’s actions led to the patient’s injuries.

At the Steinberg Law Firm, we work with a network of respected medical experts with whom we consult in our medical malpractice cases. Given our experience, tenacity, and dedication to our clients’ well-being, we can effectively handle even the most complex Summerville medical negligence cases.

Common Instances of Medical Malpractice Among Summerville Healthcare Professionals

The range of possible medical malpractice cases is broad. However, a few of the more common types of medical negligence cases we have seen include:

• Surgical errors;
Misdiagnosis and delayed diagnosis cases;
• Emergency room errors;
• Prescription-drug related injuries;
• Failure to order necessary diagnostic testing;
• Inaccurately reading medical test results;
• Birth injuries to both mothers and children;
• Disregarding a patient’s medical history; and
• Prematurely discharging a patient without the proper follow-up care.

At the Steinberg Law Firm, we represent clients who suffered at the hands of a negligent healthcare worker. We handle cases across South Carolina, including those stemming from treatment at the following hospitals:

Summerville Medical Center
Medical University of South Carolina 
• Ralph H. Johnson VA Medical Center
Bon Secours St. Francis Hospital

We also handle medical negligence cases arising from any other medical provider in the greater Charleston area, including primary care physicians, elective surgeons, pediatric specialists, and more. 

Damages in a South Carolina Medical Malpractice Case

A medical error can drastically change your life. While the injuries caused by medical malpractice vary widely, it is common for patients to spend additional time in the hospital, incur massive medical debt, miss time at work, and endure a lifetime of symptoms they would not otherwise have experienced. 

Patients successful in bringing a Summerville medical malpractice claim are eligible for financial damages to compensate them for what they have been put through. Common types of compensation in a medical negligence lawsuit include:

• Medical and hospital bills
• Future medical expenses
• Cost of in-home care
• Pain and suffering
• Necessary adaptive technology
• Loss of insurance benefits
• Lost wages
• Decrease in earning capacity

Of course, every claim—and every client—is unique. Every case should be approached with this in mind. When you decide to allow us to help you pursue compensation from a negligent medical provider, we will get to know you and the impact the physician’s negligence had on your life before recommending any course of action. We can help you identify all your damages, so you can rest assured that you are pursuing all that you deserve.

Unique Procedural Requirements in a South Carolina Medical Malpractice Claim

In recent years, there has been growing concern over numerous medical malpractice cases, many of which are without merit. In response, South Carolina lawmakers passed legislation requiring patients to comply with strict procedural requirements before filing a claim. 

The prerequisites to filing a medical malpractice case in Summerville, SC are:

Filing a Notice of Intent to File Suit

Before filing a medical malpractice lawsuit, a patient must file a Notice of Intent to File Suit with the court. The patient, or their attorney, must also serve all potential defendants with a copy of the Notice. This Notice must identify all healthcare professionals who are alleged to be responsible for the patient’s injuries, outline the theory of liability, and specify the damages they are seeking. 

Filing an Expert Affidavit

In addition to the notice requirement, patients must present the court with an affidavit from a medical expert stating that, in the expert’s opinion, the patient’s case has merit. In the affidavit, the expert must specify what negligent act (or failure to act) constituted medical negligence. 

When correctly submitted, filing the Notice of Intent to File Suit and the Expert Affidavit will toll, or pause, the statute of limitations. However, if either of these documents is defective or fails to name a particular provider, the court will likely hold that the statute of limitations was not tolled. 

If an injured patient fails to follow these requirements, their case will be dismissed. While a dismissal for failing to comply with a procedural requirement will not automatically prevent a patient from refiling their claim, often, the statute of limitations has passed by the time they refile. Thus, it is crucial that an experienced medical malpractice lawyer who is familiar with the process handles a claim to ensure total compliance with these requirements. 

Our dedicated team of Summerville medical malpractice lawyers has extensive experience handling these complex cases at the Steinberg Law Firm. We are familiar with all procedural requirements and take care to ensure the total compliance of our client’s cases.

How Long Do I Have to File a Summerville Medical Malpractice Lawsuit?

Patients injured as the result of healthcare provider’s negligence must bring a claim within a certain amount of time. The time requirements for a South Carolina medical malpractice lawsuit are outlined in the state’s medical malpractice statute of limitations, contained in the South Carolina Code of Laws Section 15-3-545. 

Section 15-3-545 provides that a patient must bring a claim “within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from the date of discovery or when it reasonably ought to have been discovered, not to exceed six years from the date of occurrence, or as tolled by this section.”

The general rule is that a claim must be filed within three years from the date of treatment. However, medical malpractice cases are unique in that a patient may not immediately know they received inadequate care. In these cases, the patient has three years from the date they knew or should have known about the malpractice. However, South Carolina imposes a strict six-year statute of repose, meaning that no claim can be filed after six years from the date of treatment unless the statute is tolled due to fraud or concealment on the part of the healthcare provider. 

While patients have up to three years to bring a claim, it is a good idea to meet with a Summerville medical malpractice lawyer well before this deadline approaches. In part, this is because the evidence is much easier to locate soon after the incident of alleged malpractice. 

Contact the Summerville Medical Malpractice Lawyers at the Steinberg Law Firm for Immediate Assistance

If you or a loved one recently suffered at the hands of a negligent medical professional, give the Summerville medical malpractice attorneys at the Steinberg Law Firm a call. At the Steinberg Law Firm, we put our clients and their well-being first. When you call us to schedule a free consultation, we want to educate you about your options, not convince you to bring a claim; it is up to you how you proceed.

If you decide to bring us on board to assist with your case, we will get started preparing your claim immediately. With nearly 100 years of experience representing injury victims, we understand what you are going through and how to make the recovery process as straightforward as possible. Our team of Summerville medical malpractice lawyers is skilled at negotiation and litigation and will strive to settle your case without the need for a long, drawn-out trial. Over the past ten years, we have recovered more than $500 million on behalf of injured clients and look forward to helping you with your claim. To learn more and schedule a free consultation, give us a call toll-free at 843-720-2800. You can also reach out through our online form, and one of our attorneys will get back to you shortly.

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

What Our Clients Say About Us

I am very pleased with my experience

I have, and will continue to recommend The Steinberg Law Firm. They have worked very hard on my behalf.

It is hard to really put in writing how much Tom was there for me

He really did such an unbelievable job. Even when the settlement was made, he returned a text with a call to share in the joy over another medical event we were going through, that had a great outcome. Yes, they really do care.

I would highly recommend them

Enjoyed the fact that every time I called, someone called me back. It made me feel like my case mattered, and that I mattered. They answered all of my questions and concerns in a timely manner.

They will go the extra mile for you

David Pearlman and his staff did an exceptional job on my claim. Mr. Pearlman was honest, patient and steered me in the right direction. A’Riel was always nice and very helpful. I would recommend them to everyone.

I would never seek help from any other Firm!

The lawyers and their staff are very professional, caring about your situation! They are one of a kind!Get this Firm behind you and you will never be sorry!

It was a pleasure working with Steven Goldberg and his staff

They were courteous and professional. They maintained regular contact for status reports on my case and provided needed documentation on a timely basis. I would recommend this firm.