Charleston Medical Malpractice Attorneys
Experienced medical negligence attorneys serving clients throughout South Carolina
If preventable medical errors were listed on death certificates in this country, it would be the third leading causes of death behind heart disease and cancer, according to the Journal of Patient Safety. About one in three patients who are admitted to the hospital will experience a medical mistake during their stay according to Health Affairs.
At the law firm of McGowan, Hood, Felder & Phillips, LLC, we are committed to protecting the rights of our clients who have been injured while in the care of a medical professional, or who have lost a loved one because of a medical error. Our Charleston medical malpractice attorneys have the skills, experience and resources to build a compelling case on your behalf, and we fight for fair compensation for you.
The civil justice system in the United States gives patients and their families a venue to seek justice when they have been injured or lost a loved one due to a medical mistake in the form of a medical malpractice lawsuit. Legal action is also a way that families can demand accountability from those whose negligent actions or failure to take appropriate action caused their injury or the death of a loved one.
What is medical malpractice?
Medical malpractice is the legal term for when a professional either takes action or fails to take action and that causes injury to their patient. This action must violate the standard of care other reasonable medical professionals would have taken under the same circumstances. And, there must be a direct line of causation between that negligent action, the patient’s injury, and the patient’s damages and losses.
What are some examples of medical malpractice?
There are 69 hospitals in South Carolina, not including VA facilities: four of them are located in Charleston, and two more are in Mt. Pleasant. We have plenty of choices, then, when it comes to our care. As patients, we look to our medical professionals to provide expert care that meets with the accepted standards of care in our community and in our country. When we seek medical attention whether for an illness or a major surgery, we put ourselves into the (hopefully) capable hands of our trusted medical professionals. Physicians, nurses, anesthesiologists, and others receive years of education and training to uphold the high standards of care that we expect in this country.
Sometimes, despite the years or preparation, these professionals make mistakes that cost others their health and sometimes even their lives. Here are some examples of some of the different types of medical malpractice cases we handle:
- Obstetrical malpractice
- Birth injuries
- Hospital negligence
- Dangerous drugs
- Defective medical devices
- Pharmaceutical errors
- Nursing home neglect
- Emergency room errors
Despite how much you might have heard about how Americans are so quick to want to file a lawsuit over the most minor infraction, we are surprised at how often our clients feel hesitant about filing a lawsuit. They might feel reluctant to ruin the doctor’s livelihood, or they claim that the money will not bring their loved one back. But we urge those clients to see that pursuing a medical malpractice lawsuit in South Carolina is the most effective way to hold a negligent hospital or physician accountable when their preventable error caused serious injury or death.
No matter the size of the settlement, it will not restore your loved one to your arms, but it will serve to inspire the necessary changes to ensure that the same type of mistake does not happen again. A medical malpractice lawsuit can serve to shine a light on hidden places that must be changed in order to protect the public.
How safe are our Charleston, SC hospitals?
The Leapfrog Hospital Safety Grade is a public and independent service that provides hospital safety information, in an effort to improve transparency and safety across the country. Following are the current ratings for local hospitals in Charleston, South Carolina.
- Medical University of South Carolina University Medical Center: B
- Roper Hospital: B
- Bon Secours St. Francis Hospital: A
- Mount Pleasant Hospital: B
- Trident Medical Center: A
You can follow each link for further data for surgery errors, infections, and other safety issues.
What types of damages are available in my Charleston medical malpractice case?
In medical malpractice cases there are two different types of damages available. The first is economic damages, which are damages that can be calculated such as your medical expenses, lost wages and diminished earning capacity, but it also includes things such as additional expenses you might incur for things like a wheelchair, adding a wheelchair ramp to your home, and retro-fitting your home to accommodate a wheelchair and any other expenses you have incurred now and will incur in the future with regard to your injury.
Non-economic damages are not precisely calculated as economic damages are. Non-economic damages compensate you for things such as pain and suffering, emotional distress from the trauma of the accident and the ongoing difficulty in dealing with the resulting injuries. There are formulas that use multipliers of the amount of economic damages to calculate the non-economic damages amount. Factors such as the severity of the injuries, how long the effects will last, whether the injuries will impact your ability to do your work and how it impacts your overall quality of life and that of your spouse will determine the amount you might receive.
Additionally, South Carolina has placed limits ($350,000) on the amount of non-economic damages a person can recover in a medical malpractice lawsuit, but there are no limits on economic damages.
Discover how you can file a medical malpractice lawsuit in South Carolina
We understand how serious your medical malpractice case is, and we serve as advocates for your interests when you are going up against greedy insurance companies whose first priority is profit. At McGowan, Hood, Felder & Phillips, LLC, we remain right by your side as we fight for the compensation you deserve when you have suffered harm due to the negligent actions or failure to act on the part of medical professionals. You are encouraged to call an experienced Charleston medical malpractice attorney from our firm 803-327-7800, or to fill out our contact form, to schedule a free consultation. We can level the playing field for you.