How a Medical Malpractice Attorney Can Build a Strong Case for Compensation

Any time you receive medical care, you expect your provider to meet the necessary standard of care. In the United States, however, one in three clinicians are sued at least once in their careers for medical malpractice. This startling statistic points to the high number of injuries that result from medical negligence every year.

If you’ve experienced harm at the hands of a healthcare provider you put your trust in, you may have grounds to file a claim for compensation.

Key Elements of a Successful Medical Malpractice Claim

One of the first things you must do to substantiate your medical malpractice claim is to show that a patient-provider relationship existed at the time of the incident. If your doctor provided you with documented care, that would satisfy this relatively simple requirement.

The next step is typically the most challenging: You must show that the care you received failed to meet the standard of care.

Negligence in medical malpractice claims hinges on the argument that another reasonable provider wouldn’t have made the same error. In South Carolina, you’ll need an affidavit of merit to prove that there’s a valid reason for your complaint.

Once you’ve completed this step, you must show that you suffered compensable losses due to the instance of malpractice.

How an Attorney Can Help You

In order for your claim to succeed, it’s important to work with a proven attorney for medical malpractice. Here are some of the things a qualified lawyer can do for you:

Gathering Robust Evidence

One of the most critical things medical malpractice attorneys do for their clients is gather evidence to support their claims. A good lawyer will have a network of professionals who can provide an affidavit of merit. They’ll also have experience gathering the most helpful evidence, including your medical records and credible witness statements.

Proving Negligence

Lawyers for medical malpractice work to show that the negligent provider didn’t offer services that meet the necessary standard of care. Expert witness testimonies are often pivotal for accomplishing this since they help explain how the care you received deviated from the norm.

Calculating Damages

Your attorney will also calculate and categorize the damages you have a right to recover. They’ll look at all of the losses you’ve sustained, both economic and non-economic. This will include the medical expenses you’ve incurred, the wages and benefits you’ve lost, and the emotional suffering you’ve endured.

Guiding Important Decisions

You’ll have numerous decisions to make when you file a personal injury claim, including whether to accept certain settlement offers. Your attorney can provide key guidance in this area.

If the claim stalls, another decision you may have to make is deciding whether to pursue a formal lawsuit. A legal professional can be an invaluable ally when making this choice.

Negotiating Settlements

Insurance companies, especially those that cover medical professionals, have a number of tactics they might use to pay you less than you deserve. Your attorney will know how to push back against these tactics and get you the financial support you need.

FAQ

What Are the Most Common Types of Medical Malpractice?

Medical malpractice occurs any time a healthcare provider makes a preventable error that harms a patient. The most common mistakes are misdiagnosis or delayed diagnosis, along with medication and surgical errors. Any of these can result in serious injuries or fatalities.

Are All Injuries That Patients Suffer Medical Malpractice?

No. An injury can only be considered medical malpractice if another provider would have reasonably been able to prevent it.

Is There a Time Limit for Medical Malpractice Cases in South Carolina?

Yes. Generally, you’ll have three years from the date the injury occurred or when you realized you’d been harmed. There may be exceptions to this rule, however, so it’s wise to consult a reputable medical malpractice attorney.

Begin Building Your Medical Malpractice Claim

If you’ve suffered preventable injuries due to a medical professional’s negligence, filing a legal claim can give you the means to recover your losses. That said, these claims tend to be complex, and you shouldn’t attempt to pursue them on your own.

The skilled attorneys at Clore Law can offer effective legal representation and fight to uphold your rights. Contact us today to schedule a free consultation.