Being harmed by medical malpractice can disrupt every part of your life. Whether through a misdiagnosis, surgical error, medication mistake, or other negligence, the effects can be lasting and deeply personal. These mistakes can have serious consequences for your health and well-being. At the Law Office of Joshua P. Golson, we understand the impact of medical malpractice and are devoted to helping survivors assert their rights. We focus on pursuing compensation, ensuring accountability, and providing strong legal advocacy so that your experience is recognized and addressed. Contact our office today to speak with a dedicated Columbia medical malpractice lawyer who will stand with you and work aggressively on your behalf.
Why Choose Josh Golson to Handle Your Columbia Malpractice Claim
When filing a medical malpractice claim, selecting the right attorney is crucial for securing the compensation you need after being injured. At the Law Office of Joshua P. Golson, our compassionate medical malpractice attorneys will explain your rights and legal options. Our team is dedicated to guiding you through every step of the claim process. We collaborate with independent medical professionals to analyze your medical records, ensuring that all legal details are handled accurately and that your case is presented in full. At the Law Office of Joshua P. Golson, your well-being is our priority.
What Is Medical Malpractice in South Carolina?
South Carolina law defines medical malpractice as the actions or inactions of medical professionals or healthcare facilities that do not adhere to the standards of other healthcare providers or facilities in the same or similar circumstances.
However, several legal aspects must be present to prove medical malpractice. These legal elements include:
- A doctor-patient relationship existed
- There are accepted healthcare professional standards exercised by other professionals in similar circumstances.
- The care provided by the medical professional varied from the accepted standard.
- The medical professional’s negligence was the direct cause of the injury.
Healthcare providers are frequently the targets of medical malpractice lawsuits, and their insurance companies often have to pay out large claims. That being the case, most medical malpractice insurance providers have legal teams whose primary role is to seek ways to deny claims.
If you believe you have a medical malpractice claim, you need to have a dedicated medical negligence attorney on your side. We will fight to ensure you are treated fairly by the insurance company. Our Columbia medical malpractice lawyers have extensive experience helping victims recover the fair compensation they deserve.
Common Types of Medical Malpractice Cases We Handle
At the Law Office of Joshua P. Golson, our attorneys handle a wide range of cases where patients have been harmed due to medical negligence. We understand that each situation is unique, and we work to ensure every claim is thoroughly investigated and properly represented.
Surgical Errors, Anesthesia Mistakes, and Post-Op Infections
Surgical mistakes can include operating on the wrong area, leaving medical instruments inside the body, or performing an incorrect procedure. Anesthesia errors may involve overdosing, underdosing, or failing to monitor patients properly. Post-operative infections caused by negligence or unsanitary conditions can also result in serious complications.
Birth Injuries and Labor Room Negligence
Mistakes during labor and delivery can have lifelong consequences for both infants and mothers. Our team handles cases involving improper monitoring, delayed emergency interventions, or errors that lead to conditions such as cerebral palsy or other birth injuries.
Hospital Negligence and Staffing Failures
Hospitals have a duty to maintain safe environments and adequate staffing. We pursue claims involving inadequate nurse-to-patient ratios, failure to follow safety protocols, medication mishandling, or other institutional oversights that put patients at risk.
Misdiagnosis or Delayed Diagnosis Cases
When a condition is misdiagnosed or not diagnosed in a timely manner, patients can suffer worsening health outcomes. We handle cases where early detection could have prevented serious complication or allowed for more effective treatment.
South Carolina Medical Malpractice Laws You Should Know
Understanding the laws around medical malpractice in South Carolina can help you know your rights and what to expect if you’ve been harmed by medical negligence. While every case is different, there are key requirements that often play a critical role in how a claim is handled and what compensation may be available.
- Notice of Intent Requirement: Before filing a lawsuit, South Carolina law requires you to submit a formal notice of intent to the healthcare provider, giving them a chance to respond.
- Affidavit from a Medical Professional: Your claim must include an affidavit from a qualified medical professional confirming that negligence occurred.
- Statute of Limitations: Most medical malpractice claims must be filed within three years of the date the injury was discovered, or within three years of when it reasonably should have been discovered.
- Caps on Damages: South Carolina limits non-economic damages, such as pain and suffering, in medical malpractice cases. Economic damages, like medical bills and lost wages, are not capped.
- Comparative Negligence Rule: If you share any fault for your injury, your compensation may be reduced proportionally under South Carolina law.
- Testimony is Key: Success in medical malpractice cases often depends on medical testimony to show that the care you received fell below the accepted standard.
- Hospital Liability: Hospitals can be held responsible for the actions of their staff, including doctors, nurses, and other healthcare providers.
How to Know If You Have a Valid Medical Negligence Claim
Figuring out if you have a medical negligence claim starts with looking at the care you received and whether it met the standard expected from healthcare professionals. A claim may exist if a doctor, nurse, or other provider made a mistake that directly caused harm or made your condition worse. This can include things like incorrect treatment, misdiagnosis, or errors during surgery.
What Damages Can You Recover in a Medical Malpractice Case?
If you have suffered serious harm due to medical negligence, you have most likely incurred expensive medical bills and had to deal with unnecessary emotional distress. One of the most common concerns in personal injury cases involving medical malpractice is how they can recover compensation.
Many injured victims worry about the time and expense of going to court to resolve their medical malpractice claims. However, most people are unaware that the majority of South Carolina medical malpractice claims are settled out of court.
When you come to the Law Office of Joshua P. Golson for help, we will fight to help you recover compensation for economic and non-economic damages.
Economic Damages
Economic damages repay injury victims for money they have paid out of pocket due to their injuries. Common economic damages include:
- Medical bills and related expenses
- Lost income
- Loss of earning potential
Non-Economic Damages
Non-economic damages cover intangible losses that do not have a fixed dollar amount and are awarded based on the circumstances involved in the case, and may include:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Permanent disfigurement and scarring
The amount of compensation you may be entitled to receive will depend on the severity of your injuries and other factors. If you are an injury victim harmed by medical negligence, contact our law office immediately and ask to schedule a free consultation with a qualified personal injury attorney.
Deadlines: How Long Do You Have to File a Claim?
Under most circumstances, the South Carolina statute of limitations to file a medical malpractice lawsuit is three years from the date of the procedure that caused the injury or the date that the injury was discovered or should have reasonably been discovered.
The statute of limitations is only two years for any medical facility funded by or partly by the state of South Carolina. Common exceptions to the statute of limitations:
- Minors: Claims for medical malpractice injuries when children are involved allow the deadline to pause until they turn 18.
- Fraud or Concealment: If the healthcare provider intentionally hid the injury or the cause, the filing three-year deadline starts at the time the injury is discovered.
- Claims Against Government Entities: There is a two-year statute of limitations when filing claims against public hospitals or other government-run healthcare providers.
- Delayed Discovery: If the injury or its connection to medical negligence wasn’t immediately apparent, the three-year timeline may start from the date the injury was discovered.
If you have been injured by medical negligence, you must speak with a knowledgeable medical malpractice lawyer who can help you file a claim. Although two to three years may seem like ample time to bring a claim, it can quickly pass by. Failure to file a claim within the allowed time limit can cause your case to be thrown out, and you will lose all legal recourse to recover compensation.
What to Expect from a Free Case Consultation with Josh Golson
At the Law Office of Joshua P. Golson, we collaborate with independent medical professionals who possess specialized knowledge to assist us in analyzing your medical records and ensuring that all legal details are handled accurately.
Our Columbia medical malpractice lawyers have comprehensive experience helping victims of medical negligence through all stages of the claims process. They have a proven record of obtaining favorable client results and are unafraid to challenge insurance companies and their legal representatives.
Whether you were given the wrong medication or the healthcare provider failed to diagnose cancer or other diseases in the early stages, our Columbia medical malpractice lawyer knows what it takes to obtain the justice and financial compensation you rightfully deserve.
Contact the Law Office of Joshua P. Golson, at our Columbia, SC law office at (803) 284-8573 and ask to schedule a free no-obligation consultation to learn more about our legal services and how we can assist you.
