If you or loved one has suffered complications due to medical malpractice in the Charleston, South Carolina area, you may be entitled to financial compensation. Medical malpractice represents a massive breach of trust from the healthcare providers that we put our faith in.
Medical malpractice can be a notoriously hard case to argue. The burden of proof on the party bringing the medical malpractice suit is especially high. That’s why you will need an experienced medical practice lawyer on your side to help argue your case, fight for your rights, and obtain the compensation that you need to recover from your injuries and recover lost wages. Call the Charleston area medical malpractice lawyers of Evans Moore, LLC today at (843) 995-5000 to discuss your case with a legal professional.
Why should I hire a lawyer for my medical malpractice case?
Medical malpractice cases are very difficult cases to prove. Given that medical professionals often have strong backing from the insurance industry, and that there are several steps to proving that a medical professional acted negligently, medical malpractice cases can be some of the hardest cases to deal with. A qualified medical malpractice lawyer can be a strong advocate for you and your interests if you suffered injuries as a result of a medical professional’s carelessness or negligence.
An experienced medical malpractice lawyer will be able to assess the details of your case, help you understand your legal options, and pursue compensation either through a settlement or in court to bring justice to medical professionals and help you recover from your injuries and lost wages. You should never try to fight a medical malpractice case on your own. A lawyer gives you the best chance to make your case and recover the compensation you need.
How can Evans Moore, LLC help with my medical malpractice case?
Evans Moore, LLC is a leader in personal injury cases in South Carolina, including medical malpractice cases. Attorneys James B. Moore, III and Scott C. Evans bring more than 20 years of combined experience to their practice. They have a deep understanding of the communities of South Carolina and how to provide the best representation in personal injury cases. The attorneys of Evans Moore, LLC have the credentials to prove it: both Attorneys Moore and Evans have been named ‘Rising Stars’ in South Carolina by Super Lawyers. Attorney Evans has brought down nearly $20 million in jury verdicts for his clients since 2010, including a $1.5 million medical malpractice suit. Our firm has recovered over $100 million in verdicts and settlements.
With extensive experience and a track record of successful verdicts and settlements, the attorneys of Evans Moore, LLC can help you approach your case with confidence. We are a small and friendly firm, not looking to hit quotas or give only a passing glance to your case. Knowing your needs and understanding your case is the best way to obtain the compensation that you need to recover, and we will work with you side-by-side every step of the way.
Types of Cases We Handle
Our Charleston injury attorneys have significant experience handling a wide variety of medical malpractice cases, including:
- Nursing home malpractice: Unfortunately, the staff at nursing homes can often take advantage of the compromised state of our elderly. While this can include abuse, the issue of nursing home medical malpractice also extends to a failure to administer medicals correctly, check the patient for bed sores, and otherwise display negligence for a patient that cannot otherwise tend to themselves.
- Childbirth/prenatal injuries: If you suffered an injury in prenatal care or you or your child was injured during childbirth, you should discuss your case with a qualified medical malpractice lawyer. There can often be complications as a result of childbirth, but a knowledgeable lawyer will be able to determine if a particular injury or procedure came as the result of negligence or carelessness.
- Delayed diagnosis: Ignoring information on a patient’s chart or not taking the time to fully examine a patient’s symptoms can constitute medical malpractice in certain scenarios. You should speak to a lawyer about the consequences of your delayed diagnosis as you may have a case for medical malpractice.
- Missed diagnosis: If a healthcare professional has failed to diagnose a condition despite present symptoms due to negligent behavior, there could be a case for medical malpractice. For these types of cases, it is best to speak with a lawyer first, as misdiagnosis and a missed diagnosis can often be gray areas for medical malpractice.
- Medication errors: If a physician does not take care to write the correct prescriptions for either the medication or dosage or over-administers medication purposefully, this could be medical malpractice. These cases can also apply to pharmaceutical professionals—they must take care when filling medications, ensuring that they are correct in both type and dosage, and ensuring that no dangerous drug mixing is occurring.
- Surgical errors: Medical malpractice resulting from surgical errors can happen in any part of the surgical process. This could mean not taking the correct steps to prepare you as a patient, knowingly using unclean or defective surgical equipment, or making errors with anesthesia. This can also include cosmetic surgery errors.
What is negligence, and how do we prove it?
‘Negligence’ is not just a word—it is a legal term that has a specific meaning and a legal procedure to prove. Given that medical malpractice cases have a high burden of proof and can be very complex, there are a number of things that a medical malpractice lawyer will need to prove in order to be successful in their case:
- First, you must establish a doctor-patient relationship. In other words, the lawyer will need to prove that you did not suffer medical malpractice because of something you overheard at a get-together or because of indirect advice. This had to have come out of a formal doctor-patient relationship.
- You must then prove that the medical professional was negligent within this relationship, either during diagnosis or treatment. If you are unhappy with the results of a legitimate procedure or medicine that was prescribed for good reason, you do not have grounds to file a medical malpractice case. This is where the negligence part comes in. You will have to establish that the medical professional did not display a reasonable standard of medical care, and in failing to do so, caused you harm in a way that another qualified and reasonable medical professional would not have in the same circumstances.
- Even if you can prove that the medical professional was acting negligently, you still have to prove that this negligent action directly led to harm. If you were already injured or had an illness when coming to the doctor for a procedure and/or medication, this can make it harder to pinpoint how the negligence caused the severity of your injuries/ailments to increase. In other words, you will have to prove that it was more likely than not that a specific behavior on the part of the medical professional led to a specific injury or illness. Furthermore, this specific injury or illness must have led to a financial hardship or other damage. This can include physical or mental trauma, additional medical bills as a result of this specific injury or illness, lost wages, and other financial penalties.
Medical malpractice has a high burden of proof, and this is further complicated by the fact that insurance companies will often look to pay out as little as possible for your case, or not at all. The medical malpractice lawyers of Evans Moore, LLC understand how to talk to insurance companies and will work to make sure that these companies do not offer a lowball settlement or try to intimidate you out of pursuing compensation. Taking time to understand the facts of your case with all of the above criteria in mind will give a lawyer the best chance of recovering the compensation that you need to recover and get on with your life.
Contact Evans Moore, LLC Today About Your Medical Malpractice Case
Medical malpractice can be devastating. You may miss work and lose wages that you could use to support your family. Medical bills may be mounting, beyond what you thought you would originally have to pay for treatment. Furthermore, your trust in medical professionals is shaken due to a negligent or careless action. The Charleston injury lawyers of Evans Moore, LLC are here to help you make your case and to win the compensation that you need to recover those lost wages, pay your medical bills, and recover from the physical and mental trauma of medical malpractice.
As with many personal injury cases, if you wish to pursue a case, time is of the essence. In South Carolina, you have three years to file a claim from when the medical malpractice incident occurred, so the faster you can speak with an attorney and file a claim, the faster you can get the compensation that you need to get back on your feet and recover. Contact the Charleston, South Carolina area medical malpractice attorneys of Evans Moore, LLC at (843) 995-5000 today to speak with a member of our team about your case.