South Carolina Medical Malpractice Legal Questions

A couple of factors may come into play with your potential case. One is the Statute of Limitations for medical malpractice claims in South Carolina which can be two or three years from the date you knew or should have known about the medical malpractice, ( depending on the medical provider ). Another issue would be did you receive below the reasonable standard of care for South Carolina?. If you did, is a medical expert willing to say so and to say that you would have had a different, better outcome if you'd treated appropriately? Also, unfortunately, ten years is a long time for a failure to diagnose case.  Basically, the medical expert expert would have to say that because you did not receive the proper treatment ten years ago, it lead to the cancer you have today, which can be pretty difficult. Best, David Hood... Read Answer

There could be several potential entities which may be liable in your case.  It's always good to look at the entire situation from the beginning to the end to figure out where any mistakes were made in the chain of filling your prescription.  First of all, did the medical office write the prescription out correctly and was it sent over to the pharmacy accurately?  Did the doctor's office write it out for the correct dosage?  Did the prescription interact with any other medication you were taking?  Separately, did the pharmacy give you the wrong prescription ( or someone else's prescription ), the wrong dosage or did it interact with anything else you were taking?  If a lawsuit were filed, all these questions could be answered in the "discovery" process.  From your perspective, the more defendants the better.  So hopefully, the pharmacy and the medical office made a mistake.  If not, you may just have one defendant, but the facts and discovery process should determine this. https://www.hoodmedicalmalpractice.com/blog/how-to-deal-with-pharmacy-prescription-errors-in-south-carolina/  ... Read Answer

Hello: I am very sorry to hear that this happened to you. Generally, in a medical malpractice case in South Carolina you need to show you received below a reasonable standard of care and suffered damages as a result. Typically, you'll also need a medical expert to testify to the malpractice. However, you also need to file the lawsuit two or three years from the date of the malpractice or from when you knew or should have known about it. Actually, were are researching a somewhat similiar case, but each case is usually very fact specific. Probably the best thing would be to contact a lawyer in South Carolina who has medical malpractice experience. Normally, the initial consultation is free. Hope you're feeling better, David... Read Answer

You do not mention how you were damaged by this.  Hopefully, you are OK.  If you suffered no damages, it is unlikely that the cost of litigation is worth much money.  That said, you should take your records to a medical malpractice attorney for a case evaluation.  Not taking a patient off prescribed medication is not necessarily a breach of the standard of care.  This answer neither constitutes legal advice nor creeates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You do not comment on the ultimate outcome of your husband.  Obviously you need to see a medical malpractice attorney to have the records reviewed by an expert, a doctor, to see if you have the case.   Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You need a lawyer licensed in SC.   Lawyers can be licensed in more than one state, so you might be able to find a lawyer in FL who is also licensed in SC. But bottom line, you need a lawyer who holds a SC license if you are looking into suing for a surgery that took place in SC.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.   No attorney-client relationship exists or is formed by this response. ... Read Answer

Cases stemming from diabetic foot infections are difficult because they often involve proximate cauase issues. To know whether you have a viable malpractice case, and attorney would have to view all of the pertinent medical records.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

      In your question, you say that this other attorney has been "studying" her malpractice case for over a year, and now is going to represent the hospital.  What does "studying" mean?  If you mean the lawyer she hired quit and now works for the other side, that may be unethical and a conflict.  If he was just looking at paperwork, it may or may not be a conflict depending on the rest of the facts.  However, if he is just going to work for the hospital and representing them in other matters except for her case, it would probably not be unethical.  ... Read Answer

What happened to you is horrible and frightening.  However, in order to have legal recourse, you need to have suffered damages.  So far the tests have come back negative, thank goodness.  If any of the tests show you have contracted ANYTHING from being stuck, you will have suffered damages and can take action.  Right now you have had pain and suffering, but usually you need actual damages (like contracting a disease) in order to sue for pain and suffering.  It is good that you immediately notified them as to what happened to you.  I assume they are stepping up and taking care of you.  If you do have any actual damages, even an infection because of being stuck, you might have legal recourse.  I hope this helps.  ... Read Answer

It is possible that you may have a claim against the doctor, hospital, etc, if what the doctor did was not the standard of care for the problem he saw with the placenta.  It would depend on what other OB doctors would do in your specific case.  Also, you mentioned a specialist that you saw.  It would be important to know what kind of specialist you saw, and whether that specialist saw the same problem with your placenta, and what they recommended if anything.  That might take some research, and will definitely mean getting another OB doctor to say that what your doctor did was malpractice.  The only way to know for sure is to consult with a lawyer, and have the lawyer start investigating the case for you.  ... Read Answer

You may have been the victim of medical malpractice.  There aren't enough details to know for sure, such as what kind of surgery it was, was this done in an exam room or operating suite within his office, etc.  However, if the standard of care is that it should be done in a hospital under anesthesia, then you may have been the victim of medical malpractice, and you may be entitled to sue the doctor, even if you don't have insurance.  Not having insurance doesn't give the doctor the right to hurt you on purpose.  You should consult a lawyer to more fully discuss this situation.  There are time limits on suing your doctor, so don't wait, especially if it has been a little while since this happened.  ... Read Answer

If the delay in treating the cyst has made the second surgery more complicated or has taken a benign condition and made it harmful, then you may have a medical malpractice case. You should deal with the medical issues and then after the surgery is performed if you learn that faster intervention would have prevented what amounts to a permanent medical problem, contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You may have a case for medical malpractice, but there are some factors to be aware of.  First, will your doctor sign an affidavit stating that in his opinion it was malpractice?  In order to file a medical malpractice lawsuit you must first file papers with the court stating your intention to file a lawsuit, and it must include this affidavit.  If he won't, you or your lawyer must find a doctor who will sign such an affidavit.  Second, have you had it removed?  If not, you must be able to show some damages to be recovered, such as other bills you incurred because of the unnecessary procedure.  If you have not had it removed, are you planning to have it removed?  That would be important to know.  Third, when did you discover it was unnecessary?  The statute of limitations is something to worry about if you found out a while ago that it wasn't necessary.  Fourth, did you suffer any complications because of the surgery?  That might help establish damages.  ... Read Answer

I am not sure how you are going to prove that the problem with the eraser was due to the pediatrician's attempt to remove it rather than the whatever occurred to lodge it in there in the first place. The fact that it took three visits to an ENT and a subsequent surgery to deal with the problem suggests that it was a difficult problem. Finally, even assuming you can somehow prove that your pediatrician exacerbated the problem, if the eraser has been removed and your son has suffered no permanent harm, you probably do not have a financially viable case. This is explained in the articels linked below.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Whether you have insurance or not has no berring on whether you can sue for malpractice or not.  The idea is that you are suing the doctor for the mistake they made negligently, not to pay you back for what you spent, but to punish him for making an error he should not have made.  In short, you can still sue the doctor and/or hospital if they were wrong in missing the glass in his arm, regardless of whether they got paid by insurance or not.... Read Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz. The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com   Click here for my website. ... Read Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.  If you came out of the hospital with a new condition and it has never been explained, then you have reason to be suspicious, but I think you are going to have a problem with the statute of limitations.  A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.    Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.   ... Read Answer

This answer does not create an attorney/client relationship.  If the doctor misdiagnosed your health condition and you lost your ability to make a living, I am of the opinion that you do have a case.  When a doctor, which I happen to be, commits an act or omission that is the legal cause of damage to his patient, this is indeed malpractice.  Good luck to you. Regards, I am Michael G. Sribnick, M.D., J.D.  Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., Attorney at Law www.michaelsribnicklaw.com... Read Answer

This answer in no way creates an attorney/client relationship.  There was negligence involved, but I do not believe it was malpractice.  There was no act or omission by the nurses or doctors that caused legal harm to your son.  I do sympathize with your situation, but fail to see how this is a malpractice.  Who is to serve as an expert witness that your son's vandalism (although admittedly due to his metal disorder) caused you or your son harm.  It sounds to me (with the small amount of information provided) that the hospital provided police and other supervision, and cannot be held responsible for your son's own actions.  I am a S.C. attorney and board certified internist.  In S.C. it is necessary to submit an affidavit from an expert as to his or her opinion to a reasonable degree of certainty of whom was legally responsible for your son's breaking the emergency room door.  This is unlikely to happen, nor would I personally represent a client with this complaint.  If anything, you may take solace in the fact that you were able to safely find your son.  Again, I do sympathize with your plight as I have an autistic brother who was once violent.  I am sorry that I cannot offer you a more pleasant response.  You might have a case for negligence, but I do not believe you have a medical malpractice case.  Please also note that the hospital could sue your son for vandalism depending on his age or you personally, if your son is under 18 or you are his legal guardian. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

I am not sure whether nerve damage during cardiac catheterization is an accepted complication of the procedure, but it is certainly an unexpected outcome. If you want to investigate a case, you should contact  a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You may have a claim for either malpractice or product liability, if the product they used didn't do what it is supposed to do.  The statute of limitations is running, so you should contact a lawyer to see if you have a good case.  I handle those kinds of cases, so if you like, give me a call.  My name is Jim Courtney and my number is 843-822-9800.  ... Read Answer

Your mother may have a case for malpractice, which depends on the standard of care she was given.  She may also have a case for at least partial disability, which may help with her need to keep working.  Gather as much of her medical records as you can regarding this, and especially have the information on the doc who said she is lucky to be alive.  Then contact a lawyer that can help navigate these types of cases.  (In case you don't have one, I do handle cases like this.  My number is 843-822-9800)... Read Answer

First of all, let me make it clear that I am a board certified internist and attorney in S.C., but this answer in no way establishes a lawyer/client relationship.  My opinion of this doctor is that he is stupid for not calling you back.  That said, unless you can show damages to your health and that the doctor was the legal cause of those damages, you do not have a medical malpractice case.  You can simply obtain copies of your medical records (he/she is allowed to charge a legal rate of money for those copies), and change doctors.  If I can be of help to you, please contact me at my office (843)789-3504 in Charleston or (803) 787-0520 in Columbia.  There is no charge for the initial visit, as that is to determine whehether or not we can work as a team.  However, from what you have stated, I do not believe you can prove damages.  Get your records and switch doctors. Michael G. Sribnick, M.D., J.D. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer