Available 24/7Aiken medical malpractice lawyer Taylor S. Braithwaite represents people who are harmed by inadequate medical care across South Carolina. With experience and success in medical malpractice cases on both sides of the Savannah River, the Law Office of Taylor S. Braithwaite handles medical malpractice cases in Aiken, and throughout the CSRA.
Contact our law office to talk about your situation. See how we can hold medical professionals accountable and seek compensation for the harm that has occurred.
Attorney for Medical Malpractice Serving Aiken, SC
Medical malpractice can occur in any healthcare setting. Healthcare negligence devastates lives. It may directly cause harm, and it may prevent you from receiving the medical care that you truly need.
If you or a loved one is a victim, you may have a valid legal claim. Our lawyer can investigate what occurred, whether it amounts to medical negligence, and seek justice on your behalf. We work with medical experts to prove medical malpractice and your right to compensation.
Medical Malpractice Defined in South Carolina
South Carolina defines medical malpractice as doing what a reasonably prudent health care provider or institution would not do or not doing what a reasonably prudent provider or institution would do.
In other words, medical malpractice is medical care that isn’t up to par. Patients have the right to have healthcare standards up to minimal levels of:
- Skill, knowledge
- Accuracy
- Instruments, supplies, and implements
- Attention, diligence
- Timing
The standard is what is reasonable in the same or similar circumstances. A provider must perform services to the prevailing, professional standard for the practice of medicine.
Medical professionals are evaluated in their area of specialty – for example, a general care practitioner must provide the services of a reasonable general care practitioner. A specialist should have the skills of a specialist.
Examples of Medical Malpractice Claims
Here are some examples of medical malpractice
- Failing to recognize signs and symptoms of injury
- Medication errors, prescribing the wrong dose, giving the wrong medication
- Birth injury, failing to identify signs of trauma during childbirth
- Inadequate instructions for home care
- Lacking skill in performing a surgery or other procedure
- Failing to warn of potential side effects and complications
- Performing unnecessary procedures
- Leaving an object in the body after surgery
- Operating on the wrong body part
- Mistakes in records, mix ups
- Misdiagnosis, delayed care for a diagnosis
- Inadequate response when a person shows signs of distress
- Other types of medical malpractice
There are many ways that medical care may be inadequate. Often, care providers are quiet about what happened, and the victim needs to investigate. When you have a lawyer, they can investigate the facts and work with medical experts to explain how malpractice has occurred.
Medical Malpractice FAQs
Who can commit medical malpractice?
Medical malpractice may be committed by a:
- Doctor, physician’s assistant
- Anesthesiologist
- Dentist
- Surgeon, oral surgeon
- Osteopath
- Chiropractor
- Optometrist
- Podiatrist
- Nurses, nurse’s assistants
- Physical and occupational therapists
- Medical facility
An individual or an institution like a hospital, facility, or specialist care office may be responsible for medical malpractice. Often, malpractice or failure to provide care happens simply because of a staffing shortage or lapse in judgment.
What is the medical malpractice law in South Carolina?
South Carolina Code Title 15 – Civil Remedies and Procedures, Chapter 79 – Medical Malpractice Actions is the law for medical malpractice in South Carolina.
What is a Notice of Intent to File Suit?
S.C. Code § 15-79-125 requires a plaintiff to file a Notice of Intent to File Suit along with an affidavit of an expert witness. The Notice summarizes the facts of the case, identifies the defendants and includes standard interrogatories and other disclosures required by South Carolina Rules of Civil Procedure. The Notice gives the parties the opportunity to investigate and pursue alternative dispute resolution.
How long do you have to file a medical malpractice lawsuit in South Carolina?
In South Carolina, you have three years to file a medical malpractice lawsuit. Delayed discovery may extend the statute of limitations to three years from the date of discovery or when the claim ought to have been discovered up to six years.
When the defendant is a government provider, the time limit is two years. (See S.C. Code § 15-3-545).
Are there damage caps on medical malpractice in South Carolina?
South Carolina places damage caps on medical malpractice claim. The amounts vary based on whether the healthcare organization is private, a charity, or a government entity. In private practice, there is a cap only on non-economic damages of $350,000 per claimant and $1.05 million per occurrence for multiple defendants. Adjusted for inflation, these amounts are significantly higher.
Why Choose Aiken Lawyer Taylor S. Braithwaite?
Attorney Taylor Braithwaite takes a systematic approach to medical malpractice cases, because medical negligence is often the failure of a hospital or facility’s protocols and processes. The chain of errors or miscommunication leading up to a mistake often involve multiple physicians, nurses, or other members of a hospital or practice staff. These factors make it incredibly important that your attorney has a keen eye for detail in reviewing your medical negligence case and the experience to know what should or should not be present in the chain of events that led to the injury or wrong.
Taylor Braithwaite applies the same technical and analytical scrutiny he learned as a Marine Corps planner and Army helicopter pilot to every medical malpractice case to ensure that no detail is overlooked. As a result of this diligent and precise approach to legal representation, as well as an adaptable case plan in every matter, Taylor Braithwaite has achieved considerable successes in medical malpractice cases in both South Carolina and Georgia.
About our law firm:
- Our stated goal is your results and your overall recovery
- Medical malpractice claims handled in Aiken and the Central Savannah River Area
- A law firm devoted to the needs of victims and helping them when the unexpected occurs
- Fees never grow in response to the demands of the case
- Experience in representing insurance companies, so we know how to pursue your claim with the insurance company
- Home, hospital, and nursing home visits are available for your convenience
- Admitted to practice law in state and federal courts, including South Carolina, Georgia, the U.S. District Court for the District of South Carolina, and the U.S. court of Appeals for the Fourth Circuit
- Passion for helping people who have been harmed by poor medical care. We are your voice and representative when you need us most
We handle all types of medical malpractice claims, including birth injuries.
Consultations Available – Contact Us Today
If you or a loved one have been the victim of medical malpractice, we invite you to have a consultation with Aiken medical malpractice lawyer Taylor S. Braithwaite. Even if you are uncertain of what has occurred and you have concerns about the medical care you have received, please contact us.
Consultations are available with no obligation. We are happy to meet at our offices or another place that is convenient for you.
Call or message us today to discuss your situation and start your case.
