South Carolina Personal Injury Attorneys

Medical Malpractice is generally determined on a case by case basis, depending on the amount of proof the plaintiff can provide for his or her claim. Simply put, medical malpractice is not based on any absolutes, and before liability or fault can be placed on a physician, it must be shown that the physician was negligent in treating the patient. Merely experiencing an undesirable outcome does not indicate the health care professional is automatically guilty of malpractice.

To provide sufficient proof of medical malpractice the injured party must establish:

• A physician-patient relationship was established; thus, a duty owed by the physician to the patient.
• A physician must have fallen below the acceptable standard of care in his or her treatment of the patient.
• Not meeting the acceptable standards of care must be the direct and legal cause of the injuries to the injured party.
• The plaintiff suffered from damages.

A lawyer can show that the plaintiff’s physician did not meet the acceptable standard of care by presenting qualified expert testimony, stating what the minimum standard is required in the medical profession. The expert must have time to properly review the case to accurately determine what the doctor did and did not do to stray from the acceptable standard of care.

Over 60 years ago, malpractice was difficult to pinpoint because doctors would not testify against each other for fear of retaliation from colleagues. Today it is much easier to find qualified testimony, though malpractice still remains to be a difficult case for a plaintiff to triumph.  Also, caps are being issued on the amount a lawyer can receive for working on a malpractice case which puts the plaintiff at a further disadvantage and limits the injured party’s chances of recovery.

If you or someone you know has been injured as the result of medical malpractice, contact the Strom Law Firm 803.252.4800 today for your free consultation.