Medical Malpractice Claim Guidance

Summary

To claim medical malpractice in South Carolina, you must prove the healthcare provider owed a duty, breached it, caused an injury, and that injury resulted from the breach. You have a maximum of 3 years to file a lawsuit, and there are caps on non-economic damages. An expert witness is required to establish the standard of care. Consider consulting a local attorney for a thorough review of your case. Alternatively, you can file a complaint with the South Carolina Board of Medical Examiners.

Full Conversation

Jean Paine
Hello Jean Paine, how can I assist you with your legal issue today?
I had back fusion surgery on July *,*! Went ok but then kept on oozing ! Dr. Saw me but I saw his P.A. (I had long bandages on my back and it oozed through bandage). The visiting nurse called Dr. The P.A. said it looked good and put on smaller thick bandage , said take off in few days, come back if it doesn’t work. Well it worked and started up again! I ended up getting extremely sick(fever couldn’t eat or drink) . I
I'm sorry to hear about your health issues, Jean. It sounds like you might have concerns about medical malpractice. Could you please let me know where you are located so I can provide more specific information about the laws in your area?
called him Sunday, August * and he met me at hospital! That night he did emergency surgery, opened my back up and stayed in hospital until August *. Then I was sent home with pic line and Daptomycin! Again got extremely sick and asked him ( breaking out in horrible sweating, stomach upset, and extreme exhaustion. I was at his office for follow-up, dr. said it was my medication call Internal Medicine dr. She had forgotten to take me off my Cholesterol medication and she she said stop cholesterol medication! Dr. kept saying the infection was from my diabetes, I explained my diabetes was off due to being sick. He said no I was wrong! I told him I never wanted to see his P.A. again. I feel the extra pain and surgery could have been avoided if they would have started an antibiotic when I saw the assistant! Am I correct? Thank you for listening .
I'm sorry to hear about your situation, Jean. To potentially claim medical malpractice, you need to establish:
- The healthcare provider owed a duty to you.
- The provider breached that duty.
- You suffered an injury.
- Your injury was a result of the breach.
Please consult a local lawyer as laws can vary. Can you tell me your location so I can provide more relevant information?
Dr. Cook at Ortho S.C. In Murrells Inlet S.C. ( just about * miles outside Myrtle Beach, S.C.
Thank you, Jean. In South Carolina, medical malpractice laws include:
- A maximum of 3 years to file a lawsuit.
- Damages caps on non-economic damages.
- Requirement of an expert witness to establish a standard of care.
We highly recommend speaking with a local attorney for a thorough review of your case.
Thank you for your help. I do not believe in taking anyone to court but I’m really upset he kept on insisting that my infection was from my diabetes!
It's understandable that you're upset, Jean. If you'd like, you can consider filing a complaint with the South Carolina Board of Medical Examiners. They might be able to guide you on this matter without having to go to court.
Thank you again!
You're welcome, Jean! If you have any more questions or need further assistance, don't hesitate to ask. Best of luck with your situation.