Medical Malpractice Lawyers in Charleston, SC
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Medical Malpractice Lawyers In Charleston, SC
Record-Setting Results for Victims of Medical Malpractice
Have you or a loved one suffered injuries because of medical malpractice in Charleston, SC? You’re not alone. We understand the full physical, emotional and financial toll medical mistakes can take.
At Edwards Kirby, our experienced medical malpractice lawyers are dedicated to helping victims like you recover the compensation they deserve. When you need more information and insight on the medical malpractice claim process in South Carolina, we step in as your advocate.
Trust Charleston’s Medical Malpractice Lawyers with Proven Expertise
With Edwards Kirby expanding its services to South Carolina, clients can rely on the firm’s successful track record in personal injury cases, dating back to 1993 in North Carolina. Our medical malpractice results speak for themselves:
- The largest medical malpractice verdict in North Carolina history.
- North Carolina’s two largest personal injury verdicts/settlements in 2019 – both medical malpractice.
- The Best Lawyers in America® Metropolitan Tier 1 ranking in Medical Malpractice Litigation.
- Hundreds of millions were recovered for victims of medical negligence and birth injury.
When you choose Edwards Kirby, you are selecting a team of seasoned professionals who will fight tirelessly to protect your rights and pursue the compensation you deserve. Trust us to fight for you every step of the way.
Medical Malpractice Law: Understanding The “Standard of Care”
The South Carolina Code of Laws Title 15, Chapter 79, specifically SC Code 15-79-125, addresses medical malpractice actions in the state. Here’s a breakdown of key legal terms:
- Medical Malpractice: This refers to negligence by a healthcare professional that results in injury to the patient.
- Standard of Care: This is the benchmark against which a healthcare provider’s actions are measured. It essentially defines what a reasonably competent professional would do under similar circumstances.
Let’s look at some key points:
- SC Code 15-79-110: This section defines various terms used within the chapter, but “standard of care” is not explicitly defined here.
- The burden of Proof: To win a medical malpractice case, the plaintiff (injured party) must prove the following:
- A doctor-patient relationship existed.
- The healthcare provider breached the standard of care.
- The breach caused the injury.
- The injury resulted in damages.
Establishing the Standard of Care:
South Carolina follows the “locality rule” in most medical malpractice cases. This means the standard of care is determined by what a similar healthcare professional in the same or similar locality would typically do under the same circumstances. However, there are exceptions, and expert witnesses are often used to establish the standard of care in court.
For a comprehensive understanding of the standard of care and how it applies to your specific situation, getting a free case evaluation with a qualified medical malpractice attorney is recommended.
Elements of a Medical Malpractice Claim
At Edwards Kirby, we stand ready to fight for the rights of injured patients and their families. We understand that when pursuing a medical malpractice claim in Charleston, SC, a number of key elements must form the foundation for your case including:
- Duty: Healthcare professionals owe a duty of care to their patients, meaning they must provide treatment that meets accepted medical standards.
- Breach of Duty: To prove malpractice, it must be shown that the healthcare provider breached their duty of care by failing to meet the appropriate standard of treatment. This breach could involve errors in diagnosis, treatment, or communication.
- Causation: It must be demonstrated that the healthcare provider’s breach of duty directly caused harm to the patient. This requires establishing a clear link between the provider’s actions or omissions and the resulting injury or damages.
- Damages: Finally, the patient must have suffered measurable harm or damages as a result of the healthcare provider’s negligence. These damages can include physical pain, emotional suffering, medical expenses, lost wages, and more.
Our firm is committed to holding negligent healthcare providers accountable and securing justice for those harmed by medical malpractice. In this case, our firm successfully represented a child who suffered a catastrophic brain injury when he was given an incorrectly compounded home infusion and received a $13 million settlement.
Record Setting Results View More Results
$13 Million
Infant suffered brain damage when EMS failed to adjust dislodged oxygen tube.
$13 Million
Catastrophic Injury Resulting from Error in Compounding Medicine
$8,000,000
Child loses his legs because of malpractice.
$3,300,000
Laborer left comatose following hospital malpractice.
What Damages Can Victims Recover in Medical Malpractice Cases in South Carolina?
Medical malpractice can impact victims and their families on a physical, emotional, and financial level – often in profound and permanent ways that make it difficult to recover. Every case is unique, but victims affected in Charleston, SC are equally entitled to the recovery of:
- Medical bills (i.e. hospitalization, revision surgeries, etc.)
- Future medical needs (i.e. therapy, medications, and assistive care)
- Physical pain and suffering
- Lost income and lost future earnings
- Emotional suffering
- Loss of companionship and support (for a victim’s family)
- The permanence of their injury
- Loss of a body part/loss of use of a body part
- Scars and disfigurement
At Edwards Kirby, our Charleston medical malpractice lawyers consult with top-flight experts (including medical and financial experts) to help clients determine their prognosis, future medical needs, and calculations of what compensation they may be due.
Medical Malpractice Examples
Our medical malpractice lawyers in Charleston, South Carolina take on a variety of cases. Common examples include:
- Birth injuries, such as cerebral palsy and kernicterus
- Surgical errors and anesthesia errors
- Medication errors
- Failure to diagnose stroke or heart attack
- Emergency room errors
- Hospital negligence / administrative errors
If You or A Loved One Has Been Injured Call Edwards Kirby Today!
919-780-5400
How Long Do I Have to File a Medical Malpractice Claim?
Medical malpractice lawsuits are subject to a statute of limitations – a time limit beyond which claims cannot be filed, and victims cannot be compensated for their damages.
Edwards Kirby’s medical malpractice attorneys in Charleston, SC can help victims determine the statute of limitations in their case.
LET PROVEN TRIAL LAWYERS FOR MEDICAL LAWSUITS REVIEW YOUR CASE & OPTIONS
At Edwards Kirby, we believe in the power of a skilled legal team. We have a team of dedicated and experienced medical litigators in both North Carolina and South Carolina, ready to advocate for your rights. Whether you were injured in an accident in Charlotte, North Carolina, or Charleston, South Carolina, we have the resources and expertise to handle your case.
Our team is comprised of:
- Seasoned Trial Lawyers: With a proven track record of success in both states, our lawyers are skilled negotiators and aggressive litigators who will fight tirelessly for the compensation you deserve.
- South Carolina Legal Experts: Our lawyers in South Carolina are well-versed in state-specific laws and procedures, ensuring your case is handled with the utmost care and attention to detail.
- Compassionate Advocates: We understand the physical, emotional, and financial challenges you face after an injury. Our team is committed to providing personalized support and guidance throughout your legal journey.
OUR COMMITMENT TO CHARLESTON, SC VICTIMS
At Edwards Kirby, we understand that medical errors can have devastating consequences, causing physical, emotional, and financial hardship. If you or a loved one has been the victim of medical malpractice in Florence, we’re here to help you navigate this challenging time.
Our team of lawyers are well-versed in South Carolina law and committed to holding negligent medical professionals accountable. We’ll work tirelessly to investigate your case, gather evidence, and build a strong legal strategy to recover the maximum compensation you deserve for medical bills, lost wages, plus pain and suffering.
If You or A Loved One Has Been Injured Call Edwards Kirby Today!
919-780-5400
We’re Here to Help
Call 919-780-5400 or fill out our online form to request a free consultation. You won’t pay unless we win!
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