South Carolina Medical Malpractice Legal Questions

In response to your question, you may have a case, but there is not enough information to know.  If she had gbs, she may have had meningitis, which is treated with rocheprin.  However, if your child had meningitis, she should not have been sent home.  Please give me a call if you would like to discuss this further and see if there is a case here.  My number is 843-822-9800.  ... Read Answer

It seems like the doctor did make a mistake.  Mistakes sometimes happen, but if his mistake has caused you pain and a limp, then he may have commited medical malpractice, which is a type of case I handle.  If it happened in March of 2013 you have some time, but don't wait too long, because there is a time limit (the statute of limitations) which limits how long you have to file a claim.  Incidentally, if you file a claim, it will most likely be his insurance carrier that has to pay you, not the doctor himself.  ... Read Answer

You said you went to a medical specialist, but exactly what do you mean?  If it is a doctor, then most likely that doctor has committed malpractice and can be sued, which is a type of case I handle.  If it happened in April 2012 you should talk to a lawyer soon, because there is only so much time to file a suit before you can lose the right to sue.... Read Answer

Most likely three years.  See the code section below for more information.  However, you may have up to six years, depending on the particular facts/circumstances.  If you are unsure, you should consult with a local attorney in your area.  Best of luck! SECTION 15-3-545. Actions for medical malpractice. (A) In any action, other than actions controlled by subsection (B), to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health care provider as defined in Article 5, Chapter 79, Title 38 acting within the scope of his profession must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence, or as tolled by this section. (B) When the action is for damages arising out of the placement and inadvertent, accidental, or unintentional leaving of a foreign object in the body or person of any one or the negligent placement of any appliance or apparatus in or upon any such person by any licensed health care provider acting within the scope of his profession by reason of any medical, surgical, or dental treatment or operation, the action must be commenced within two years from date of discovery or when it reasonably ought to have been discovered; provided, that, in no event shall there be a limitation on the commencement of the action less than three years after the placement or leaving of the appliance or apparatus. (C) The provisions of this section apply only to causes of action which arise after June 10, 1977, and, as to causes of action which arise prior to June 10, 1977, the statute of limitations existing prior to June 10, 1977, applies. (D) Notwithstanding the provisions of Section 15-3-40, if a person entitled to bring an action against a licensed health care provider acting within the scope of his profession is under the age of majority at the date of the treatment, omission, or operation giving rise to the cause of action, the time period or periods limiting filing of the action are not tolled for a period of more than seven years on account of minority, and in any case more than one year after the disability ceases. Such time limitation is tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor. HISTORY: 1962 Code Section 10-145.1; 1977 Act No. 182, Section 2; 1988 Act No. 432, Section 3. 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

Injuries to the bile duct and hepatic artery during laproscopic gallbladder surgery can be caused by medical malpractice. It is very unlikely that any hospital or surgeon will voluntarilly settle a claim in the absence of a lawsuit. Additionally, even if that is a possibility, you should have an experienced attorney providing you with guidance and giving you advise about how to evaluate damages so that you get sufficient compensation.  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. 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  Skype: john_ratkowitz Click here for my website. ... Read Answer

Click here for an article that suggests you have reason to investigate a medical malpractice case. In particular, the article notes: "In summary, there is extremely limited data on the safety of DMARDs in RA patients with concomitant chronic viral hepatitis, but the published data suggests that the combination of DMARDs and chronic hepatitis may have a synergistic hepatotoxic effect. Thus, DMARDs should be used judiciously in such patients, with preferential use of traditionally less hepatotoxic DMARDs, like sulfasalazine or gold, in patients whose disease mandates further therapy." The doctor performed the hepatitis screening test to make sure that you were a candidate for the drug. The test ccame back indicating that you were not, but he prescribed the drug anyway.  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. 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

After.  The suit will be filed and then the judge will enter a discovery order stating when things such as depositions can be taken, etc.  Notice will have to be given prior to the deposition being taken as well.  However, things such as sworn statements and/or examinations under oath could be taken prior to suit being filed but an official deposition will be after suit is filed.  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

Doctors frequently have residents assist them in surgeries. If the doctor was not even in the room, you may have a cause of action for battery,  but if the resident was merely assisting then I think your claim is more tenuous. Also, there will be a question about whether the case is financially viable of your damages are limited to large blood transfusion.  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.  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

Post-operative wound infection cases are difficult to prosecute because many times a wound infection can occur in the absence of negligence. There are some circumstances where accepted standards of care require the use of prophylactic antibiotics because an infection can have devastating results ( for example, in a situation involving a total knee replacement). Most of the time, however, these cases are not pursued because the patient acquired an infection, but because a doctor failed to recognize and treat an infection in a timely fashion. It is hard to tell you without looking at the records whether your doctor negligently failed to respond to your infection in a timely manner. If you want to investigate a 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.  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

I do not think this kind of thing rises to the level of a medical malpractice case because your spouse likely did not suffer a permanent injury as a result of the incident. Nevertheless, you should contact the patient advocate at the hospital to report the nurse, since this kind of thing obviously should not occur. Along those lines, the following article might help you. Click here for an article that provides suggestions about how to get answers to questions when an unexpected medical outcome occurs. Click here for more information about me. Click here for more information about my firm. 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 do not have a financially viable medical malpractice case. Medical malpractice cases are very costly, very time consuming and are not usually filed unless a patient suffered a significant permanent injury. 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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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

From what you have written I gather that you are wondering whether you have a viable malpractice case against the first physician you so who failed to diagnose an injury to your name. I think the answer is probably no because although there was a delay in diagnosing injury you will eventually receive the treatment you need and presumably you won't suffer from lasting harm as a result of the delayed diagnosis. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.... Read Answer

I am sorry to hear about the problems  you have been experiencing.  You likely still have time to file a lawsuit if you so desire.  You probably have 3 years from the date of the injury, however, I recommend contacting a local attorney in your area who handles medical malpractice cases. These cases are very difficult and some of that is because most state laws make it difficult to sue hospitals and/or doctors.  These cases usually require the hiring of an expert witness even prior to filing a lawsuit. Thus, I recommend you start gathering your medical records from all the hospitals, doctors, clinics and other health care providers you have received treatment from regarding this.  I also recommend you start contacting lawyers and try to get a consultation (most are free).  The lawyer will likely want to review your medical records prior to letting you know if they think they can assist you.  I hope this information helps.  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 information.  ... Read Answer

It is hard to understand what happened to you based on what you wrote, but if health care providers in the same hospital are telling you that an unexpected outcome occurred and that it could have been prevented, you should probably contact a local attorney who does medical malpractice work. Usually the initial consultation is free. ... Read Answer

I am very sorry to hear about your Uncle.  I am not sure what you mean by "this case has been closed since 2005 or 2006."  Was an actual lawsuit filed and a judgment made?  In any event, it is likely that your statute of limitations has expired.  In general, the limitation period in SC is usually 3 years.  You are welcome to call local attorneys in SC who handle medical negligence and wrongful death cases in order to get more accurate information from a local attorney who is familiar with your state law, however, in general it seems like the time to file suit has likely expired.   NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read Answer

If the paralysis is due to an injury to the trigeminal nerve, most often (but not always) this is deemed an accepted complication of the procedure. The trigeminal nerve is very close to the roots of the wisdom teeth, and it is not always possible to avoid injury to the nerve. You should speak to a local medical malpractice lawyer who can perform a more thorough investigation into your claim. Also, do not hesitate to see a neurologist, because sometimes treatment can help this condition, but there is a limited window of time for that. ... Read Answer