Each year, millions of people seek the help of medical professionals to help them recover from injuries and illnesses. Although health care providers pledge an oath to provide a high standard of care and to do no harm to their patients, there are many instances where this standard is not upheld and patients end up suffering significant harm. Sometimes this happens because of the inattentiveness or negligence of doctors and medical personnel.  If this has happened to you or a loved one, you may be entitled to compensation due to medical malpractice. However, the law is complex, and without consulting a personal injury attorney experienced in bringing malpractice cases, it’s often unclear when legal action is warranted. The following guide explains how to determine if you have a viable lawsuit.

What Constitutes a Medical Malpractice Claim?

Required Elements of a Case 

Generally, there are four essential elements that have to be established to prove medical malpractice took place. Your personal injury attorney will need to present the judge or jury with evidence that shows each of these legal requirements exist.

They must show there was a doctor-patient relationship between you and the medical professional; the provider violated the standard of care for the area he is practicing in; the doctor or nurses’ violation was the direct cause of your injuries; and you suffered damages, such as permanent injury, medical expenses, lost wages, and pain and suffering, as a result.

Common Types of Medical Malpractice

Any action or negligence by a medical provider that meets these criteria may fall under the umbrella of medical malpractice. Some of the most common cases involve surgical errors, failure to properly diagnose a patient’s condition, not obtaining informed consent before performing a procedure, and lack of proper follow-up care. In such situations, even if a health care provider didn’t intentionally mean a patient harm, they can be held responsible for the harm they cause.

Statute of Limitations

Every state has a time frame, known as the statute of limitations, within which medical malpractice claims must be filed. In South Carolina, victims have as little as two years or as much as three years from the date the injury happened or the date they could have reasonably been expected to realize they were harmed to file suit.

Missing this deadline will usually mean you lose your right to pursue compensation. Therefore, it’s important to speak with a personal injury attorney experienced in medical malpractice cases as soon as possible to see if your case is valid.

If you suspect medical malpractice has occurred, reach out to the Law Offices of Adrian L. Falgione, LLC for help understanding your legal options. This trusted personal injury attorney has extensive knowledge in this area of law and will carefully assess the circumstances to see if you have grounds to file a lawsuit. For three decades, he has been successfully representing injury victims throughout Lexington, SC, and the surrounding communities. Call (803) 957-6543 to schedule a free case review or visit his website to learn more about the services he offers.