When you need a South Carolina medical malpractice attorney, contact Rikard & Protopapas. We are a team, ten attorneys strong, leading in medical malpractice litigation throughout South Carolina.
Victims of medical malpractice may deserve financial compensation under South Carolina law. Rikard & Protopapas provides the capable and experienced legal representation that victims need to get results. When you need a medical malpractice attorney in South Carolina, contact us to talk about your case and begin.
Understanding Medical Malpractice in South Carolina
South Carolina law defines medical malpractice as healthcare that isn’t “reasonably prudent.” It’s doing what a reasonably prudent healthcare provider wouldn’t do, or failing to do what they would do in the same or similar circumstances.
Medical malpractice occurs when the healthcare provider doesn’t possess the degree of skill common to other providers in their field, or when they are negligent in exercising skills in their treatment of a patient. The actions of the healthcare provider are judged based on the circumstances as they were known to exist at the time.
South Carolina Code of Laws, Title 15 – Civil Remedies and Procedures, Chapter 79, Medical Malpractice Actions is the law for medical malpractice in South Carolina.
Under South Carolina law:
- A medical malpractice victim may seek financial compensation.
- The burden of proof for medical malpractice is the greater weight of the evidence. The plaintiff has the burden of proof.
- Before trial, parties must participate in alternative dispute resolution.
- Prior to initiating a medical malpractice action, the plaintiff must file a Notice of Intent to File Suit with an affidavit of an expert witness. The filing must follow affidavit requirements of § 15-36-100. The notice must name all adverse parties as defendants and include a factual summary.
- After the Notice of Intent to File Suit is filed and served, parties may subpoena relevant records and take depositions following the South Carolina Rules of Civil Procedure discovery rules.
There are some unique procedural requirements that apply to malpractice claims. A Notice of Intent to File Suit, followed by discovery and a mandatory mediation conference, are meant to allow the parties to discuss the case and pursue resolution from the outset. Our attorneys handle these steps for our clients, fully representing their interests at each stage.
Lawyers for Medical Malpractice Serving South Carolina
Our attorneys represent victims of healthcare mistakes and misconduct to receive financial compensation.
The Rikard & Protopapas legal team can:
- Investigate what happened and whether medical malpractice occurred
- Determine the damages you have suffered and what your claim may be worth
- Prepare and file your claim, building your case
- Represent you in settlement negotiations or at trial
- Guide you through the process, seeking justice and the compensation that you deserve
We are a large law firm with the full resources to serve your needs in medical malpractice litigation. Taking cases throughout South Carolina, we understand the challenges victims of poor healthcare face. We advocate for compensation that can help secure your future.
Call or message our medical malpractice attorneys in South Carolina today for a consultation regarding your case.
Medical Malpractice Cases We Handle
Surgical injuries to the iliac vein
Injury to the iliac vein during surgery may result in blood clots, compromised blood flow to the lower extremities, or deep vein thrombosis (DVT). When injuries are not identified and addressed, death may occur.
Cerebral palsy (CP) from birth injuries
Vacuum extraction, misuse of forceps, oxygen deprivation, and other trauma may result in injury to a newborn child. Cerebral palsy may impact them in the years to come. Healthcare providers can miss or ignore warning signs, making them responsible for medical malpractice.
Eclampsia misdiagnosis and failure to diagnose
Eclampsia causes seizures in pregnancy. Symptoms like high blood pressure, headaches and vision abnormality may be ignored or misunderstood. Eclampsia is a serious condition for both mother and baby.
Preeclampsia misdiagnosis and failure to diagnose
Preeclampsia can damage the liver and kidneys. It can cause serious complications and maternal death. Healthcare providers may fail to recognize the warning signs or treat them appropriately.
Infectious disease misdiagnosis
Failing to identify an infectious disease may prolong suffering and make the condition worse. Incorrect treatment may cause complications. People suffering from meningitis, sepsis, Lyme disease, and other infections may be victims of medical malpractice from misdiagnosis or delayed treatment.
Failure to manage infection
An infection must be appropriately managed. Surgical intervention, antibiotics, and comfort care may all be a part of appropriate treatment. Poor management may result in serious harm or death.
Vascular injury from surgery
Injuries to blood vessels, arteries, or veins may cause hemorrhage, organ damage, loss of limb, or death. Vascular injury can occur during surgery. If it is not recognized or treated properly, a victim may suffer serious harm.
Prescription medication errors and allergic reactions
A mistake in the administration of drugs may result in a harmful interaction, unwanted side effects, or the patient failing to get the drugs they really need. A prescription mistake may be a mix-up of patient records, filing the wrong prescription, giving the wrong dose, or another error.
Misdiagnosis, delayed diagnosis
Adequate healthcare requires understanding and recognizing symptoms. It means making the correct diagnosis in a timely manner.
Other medical malpractice
Medical malpractice can occur in many situations. We handle a variety of medical malpractice claims. Contact us to talk about your situation.
Leaders in Medical Malpractice in South Carolina
Rikard and Protopapas has:
- Over 1,600 satisfied clients throughout South Carolina.
- Collected more than $100 million in compensation for victims in various cases.
- Admissions in South Carolina and United States courts.
- Extensive experience in medical malpractice claims, and the scientific resources and procedural knowledge needed to succeed in medical malpractice claims.
- Honors as Top Rated Medical Malpractice Attorney by Super Lawyers, Top Rated Personal Injury Attorney by Columbia Living Magazine, and Legal Elite honors from Columbia Business Monthly.
- Memberships in the South Carolina Association of Justice and the American Association for Justice.
- A statewide practice to serve your needs.
We are proud of our history of success and the recovery that we have secured for thousands of people in South Carolina. To see how we can assist you, contact us.
Time is short – contact us today!
Time frames for medical malpractice claims are short. There are deadlines that apply, and it takes time to prepare your case. Contact our South Carolina personal injury lawyers as soon as possible for the best possibility to be able to claim compensation. We need to build the proof in your case right away. Don’t wait any longer to call or message us.
Expert witnesses in medical malpractice claims
Expert testimony is imperative to any medical malpractice claim. An expert or experts must establish the relevant standard of medical care and prove the causation between the healthcare provider’s negligence and the victim’s harm. S.C. Code § 15-36-100 defines an expert as someone with expertise regarding the acceptable conduct of the accused professional.
The expert must be licensed by an appropriate regulatory agency in their location. They must be board-certified in the practice or specialty being discussed or possess actual professional knowledge and experience in the practice or specialty.
Utilizing expert testimony effectively is crucial to presenting a medical negligence case and achieving good results. Our lawyers understand the rules for expert testimony. We work with the appropriate experts to prepare and present a case for compensation.
Compensation for Medical Malpractice
Compensation for medical malpractice may include economic and non-economic losses. South Carolina law imposes a cap on non-economic damages in medical malpractice cases. These caps are created by statute and adjusted for inflation. Damage caps are stated in S.C. Code § 15-32-220. Limitations do not apply to an award of punitive damages where the plaintiff proves their entitlement to punitive damages under the law.
Start your case today with a free consultation. There is no cost to speak to a South Carolina medical malpractice attorney at Rikard & Protopapas. During your consultation, we can discuss your situation, your options, and what to expect from your case. We can answer your questions, and you can meet our legal team.
Taking New Cases – Start Today
Start your medical malpractice claim today. We’re taking new cases at Rikard & Protopapas. If you or a loved one have been harmed by poor medical care, see what you may receive in compensation. Our experienced team of South Carolina medical malpractice attorneys are available to discuss your case today.