We trust medical professionals with our lives, yet not all healthcare providers act in good faith. Some fail to properly diagnose conditions, while others make life-threatening errors. When this happens, you may have legal recourse.
Our Charleston medical malpractice lawyers advocate for injured people and their loved ones. Louthian Law Firm, P.A., has proudly served the Charleston community since 1959. With decades of experience, our team can navigate any challenges in your medical malpractice case and pursue financial recovery for you.
Our Firm Has Secured Millions for Injured Claimants in South Carolina
We are proud of the results we have secured for our medical malpractice claimants over the years.
Consider these successful cases:
- Our client came to us after receiving substandard medical care. We took their case to court and settled for $1.7 million on the fourth day of the trial.
- Our client’s child suffered an avoidable birth injury. We recovered $800,000 via lawsuit.
- Our client suffered harm after receiving medical care. We negotiated $750,000 for their losses.
We strive to provide comprehensive legal care to every client we meet. We also offer free, no-obligation case reviews, so you can fully understand your legal options.
Our Medical Malpractice Lawyers in Charleston Can Manage Your Case
When Louthian Law Firm, P.A., takes on your injury case, you can rest assured that you are in very good hands. We can manage everything your case requires to reach a fair conclusion.
You may already face financial strain because of your injury. There’s no need to add attorney’s fees to your list of anxieties—that is why we operate on a contingency-fee basis.
With this fee arrangement:
- You pay nothing upfront for our help.
- We draw our attorney’s fees from your settlement.
- We finance the expenses of building your case, such as consulting and filing costs.
You can learn more about this arrangement and the services we provide during your free case review. Once you become our client, our medical malpractice team can:
Investigate Your Situation
Every successful medical malpractice case requires supporting evidence, such as:
- Imaging scans and lab test results
- Testimony from field consultants
- The names of your prescribed medications
- Invoices and billing statements
- Your medical records and treatment history
If you suffered external injuries, photos can support your right to damages.
Evaluate Your Insurance Coverage Options
South Carolina does not require healthcare providers to carry liability insurance. However, many do anyway. If the at-fault party carries insurance, we can file a claim to recoup damages. If not, we may explore filing a lawsuit.
File Your Insurance Claim
To recover compensation, we must show that the healthcare provider acted negligently.
While building your case, we also:
- Manage all communications with claims adjusters
- Review the applicable insurance policy
- Write and send your demand letter
- Evaluate potential settlement offers
In our experience, the claims adjuster’s first offer seldom covers a claimant’s losses. If the insurer offers less than you deserve, we can negotiate a fair deal.
Protect You From Bad Faith Insurance Practices
Medical malpractice cases can get complicated. First, healthcare providers rarely want to own up to their mistakes. Second, their insurers do not want to lose money on settling claims. The liable party may use bad faith insurance practices to avoid settling your case.
You do not have to fight an uncooperative insurer on your own. We can stand between you and any party who contests your case.
File Your Lawsuit
You have legal options beyond filing an insurance claim, such as filing a lawsuit in civil court. As we noted above, you must initiate legal action before the statute of limitations expires.
Our medical malpractice lawyers have decades of experience in advocating for injured claimants in the courtroom.
To push your case forward, we can:
- File your case and review all necessary paperwork
- Present a case-specific legal strategy in court
- Take depositions and interview witnesses
- Ask experts to testify on your behalf
- Navigate courtroom protocol
- See your case through to a verdict
We can also find inconsistencies in the other party’s testimony and cross-examine them. Our team aims to do everything we can to resolve your case as fairly and efficiently as possible.
What Constitutes Medical Malpractice in SC?
All types of medical malpractice share one commonality: negligence. To prove negligence, we must establish that:
- You had a client-healthcare provider relationship.
- Your healthcare provider violated their obligation to uphold the standard of care, either by error or omission.
- As a result, you suffered harm.
- You have damages stemming from your condition.
Medical professionals owe their patients a high duty of care and should do everything possible to ensure their safety and well-being.
Examples of Medical Malpractice in Charleston
Some examples of medical malpractice include:
Adverse Drug Events
Adverse drug events occur when a patient suffers harm because of a medication.
- A medication causes a patient to experience suicidal ideation or attempt suicide.
- A patient has an avoidable allergic reaction to a medication.
- A patient develops jaundice, anemia, or another adverse reaction from their medication.
- A doctor prescribes a medication that interacts with another the patient is taking.
- Too high a dosage causes a patient to overdose.
Many different parties could share fault for what happens during an adverse drug event. A doctor could prescribe the wrong dosage, or a pharmacist may fill the wrong script. Our medical malpractice lawyers can identify the at-fault parties after an adverse drug event.
Failure to Diagnose
Healthcare providers must promptly diagnose a patient’s condition. If they don’t, they put the patient’s life in danger.
- A doctor diagnoses the wrong condition and gives unnecessary treatment.
- A healthcare provider fails to diagnose an illness, and the patient’s health worsens.
- A doctor fails to respond appropriately to an emergency.
Medical providers must anticipate birth complications (even in low-risk pregnancies) and prioritize the mother and baby’s health above all else.
If not, they risk causing:
- Oxygen deprivation – A baby needs a steady oxygen supply during labor and delivery. Otherwise, oxygen deprivation could impact their future mobility, cognitive ability, and more.
- Cerebral palsy – If a baby does not get enough oxygen at birth, they could lose some or all of their ability to move or balance.
- Brachial plexus injury – If a doctor applies too much force while pulling a baby out during delivery, they could permanently damage nerves in the infant’s upper arm and shoulder.
- Facial injury – Facial injury could affect some or all of the child’s face, causing disfigurement or paralysis.
- Fractured collarbone or other bones – Infants have fragile bones that can easily break if medical professionals do not have them with proper care.
We know that you want the best possible future for your child. If you or your child suffered a birth injury, our medical malpractice lawyers can advocate for you.
Surgeons must do everything in their power to prevent complications, including:
- Operating on the correct organ or body part
- Properly closing all wounds and incision sites
- Preventing infection
- Offering adequate follow-up care
- Monitoring the patient’s vitals
- Reacting appropriately to emergencies
- Consulting a patient’s medical history for guidance
You may have legal options after these and many other medical errors or omissions.
Your Deadline for Filing a Medical Malpractice Lawsuit in Charleston
You must know the deadline for filing your medical malpractice case as you explore your legal options. According to South Carolina law, you generally have three years to file a medical malpractice lawsuit.
Some other facts to consider:
- Your three-year filing period begins on the date you suffered harm or discovered your condition.
- South Carolina has a statute of repose. You cannot file a lawsuit six years after the initial error, even if you did not discover the condition until later.
Our Charleston medical malpractice attorneys know South Carolina law and can ensure you meet all necessary deadlines. You could lose your right to pursue damages if the filing deadline expires.
Recoverable Losses in a South Carolina Medical Malpractice Case
Recoverable losses ultimately depend on your situation. Louthian Law Firm, P.A., wants to secure the compensation you need for your well-being. Our medical malpractice lawyers can help you seek:
These costs include all necessary medical treatment, such as:
- Painkillers, antibiotics, and other drugs
- Corrective surgeries
- Physical therapy and other rehabilitative care
- Specialist appointments
- Emergency transportation
- Residency in a long-term care facility
A medical error could cause you to miss work. By missing work, you could face severe financial strain.
A settlement or court award could help recover any lost income as well as:
- Employee benefits (such as insurance coverage)
In some cases, your medical condition may permanently affect your earning power. If so, our medical malpractice lawyers can fight to recover the loss of future earnings.
Various Out-of-Pocket Expenses
Medical malpractice can affect many corners of your life.
Do not bear financial burdens like:
- Childcare costs (if you cannot care for your children or they require supervision)
- Transportation expenses (if you must travel to and from doctor appointments)
- Hiring in-home care, such as a nurse or aide
- Assistive devices, such as wheelchairs and motorized scooters
We can fight for every out-of-pocket loss your medical malpractice injury caused.
Pain and Suffering
Many medical malpractice claimants can pursue pain and suffering damages for the harm they experienced. Pain and suffering account for your physical pain, emotional suffering, and other injury-related hardships. How much compensation you can recover for pain and suffering depends on your circumstances.
Wrongful Death-Related Losses
Medical malpractice takes more than 250,000 lives each year, according to Studies in Health Technology and Informatics. If you lost a loved one, we offer our deepest condolences. We know that financial recovery cannot undo your grief—however, it can make your financial matters easier.
In a wrongful death case, you can seek:
- The cost of laying your loved one to rest – This may include recovery for your loved one’s funeral, casket, and memorial service. Other compensable losses include embalming, cremation, and the burial plot.
- Your loved one’s final medical needs – Perhaps your loved one required intensive medical care before their passing, such as life support, resuscitation, and hospice.
- Loss of consortium – If your spouse passed away, you could seek recovery for the loss of their company and love.
These are just some examples of recoverable losses in a wrongful death action. Your lawyer may pursue recovery for additional damages.
Other Non-Economic Damages
Non-economic damages reflect your losses that do not have direct financial values (such as pain and suffering). They relate to the challenges brought on by your condition. Your lawyer can determine these losses based on the extent of your condition and other factors.
Examples of non-economic damages include:
- Loss of enjoyment of life
South Carolina allows you to seek up to $350,000 for non-economic damages.
Frequently Asked Questions About Medical Malpractice Cases in Charleston
While exploring their legal options, many clients ask us:
What Is the Most Common Type of Medical Malpractice?
Misdiagnosis is one of the leading types of medical malpractice. When a doctor does not accurately diagnose their patient, the patient can suffer grievous harm. Yet, a doctor is not always the one responsible for misdiagnosis.
For instance, a lab technician may have improperly conducted an imaging scan that led to inaccurate results, or a nurse may have failed to report symptoms to the doctor. In any case, we can determine who should pay for your losses if you suffered harm.
How Much Can I Recover for My Losses?
How much you can recover depends on:
- The severity of your condition
- The doctor’s error or omission
- Your financial losses
- Your mental state and quality of life
- Your expected recovery period (if applicable)
American University Radio reports that the highest medical malpractice settlement to date is $205 million. A Maryland court awarded this amount after the plaintiff’s daughter suffered cerebral palsy stemming from a birth injury.
While we cannot guarantee outcomes in any court case, this award demonstrates the complex nature of medical malpractice cases.
How Long Does It Take to Recover Compensation?
We cannot accurately answer this question without first evaluating your situation. One thing is certain: Our team will do everything in our power to keep your case moving forward. We want you to recover the damages as soon as possible.
Begin Your Free Case Review With Our Charleston Medical Malpractice Team
Did a negligent healthcare provider harm you or a loved one? If so, our medical malpractice attorneys stand ready to manage your legal matters. To begin your free, no-obligation case review with Louthian Law Firm, P.A., contact us today at (843) 544-7272.