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Who is liable when a medical error causes you harm?

When you visit the doctor or go to a South Carolina hospital, it is with the expectation that you will receive quality care. Despite years of medical school, training and experience, even the best doctors and care providers can make mistakes. When you suffer because of a doctor's mistake, you want to know who is liable and what you should do next. 

Whether you suspect that a mistake happened or you know that you experienced something that should not have happened, you do not have to suffer by yourself. Medical malpractice of any kind is unacceptable, and victims have the right to seek compensation from all liable parties. It is possible that the doctor, nurse, other care provider or hospital could be responsible for your pain and suffering.

The role of negligent in medical errors

In most cases, it is possible to trace instances of medical malpractice to some form of negligence. This can occur because a doctor failed to give the right diagnosis, prescribed the wrong medication, operated on the wrong site and much more. Sometimes, negligence can result in post-procedure complications, such as infection. In order to prove that a person or party is liable for the suffering you experienced, you would need to establish the following in your claim:

  • There was a certain duty of care owed to you by the health care professional.
  • There is clear evidence that the care provider breached this duty of care.
  • There is a documented link between the breach of duty and the injury suffered by the patient.

In order to have a successful malpractice claim on the basis of medical negligence, you must be able to prove that the care you received was below the normal, acceptable standard. It can be quite difficult to prove that the wrongdoing of a medical professional caused you additional medical problems, pain and suffering. Building a strong claim is not easy, but it can be useful to start by reaching out for help as soon as a problem arises.

What are your options?

Medical professionals are held to a high standard, as the health and well-being of their patients is in their hands. When they are negligent in any respect or make even a small error, detrimental consequences can happen. If you believe that you suffered because of negligence or any other type of malpractice, you have no time to lose in protecting your rights.

By law, victims of medical malpractice have the right to seek compensation for their injuries and losses. You may exercise this right, starting by seeking a complete evaluation of your case.

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