Charleston Medical Malpractice Lawyer

Doctors are often the last line of defense for treating injuries and illness. However, if doctors break the trust that people grant them to provide this kind of help, a variety of negative outcomes could result. Failure to diagnose, misdiagnosis, surgical errors, or incorrect treatment could lead to serious injury, illness, or death.

A Charleston medical malpractice lawyer may be able to assist you if you received improper care from a medical professional with whom you had a doctor-patient relationship. Your personal injury attorney may be able to help you handle insurance claims, seek further medical treatment, and collect evidence of malpractice.

Demonstrating Malpractice

Certain factors may help develop a successful medical malpractice case. A Charleston medical malpractice attorney could work to collect evidence to help prove the following key factors of malpractice:

  • A doctor-patient relationship existed involving treatment
  • The doctor’s treatment violated the standard of care
  • The patient suffered an injury due to the violation
  • The injury led to the patient’s damages

Patients trust that doctors or other healthcare personnel will treat them according to the appropriate standard of care, and violations of this standard could lead to medical malpractice. Patients who have suffered injury but are unsure if another’s actions amount to malpractice may wish to consult with a seasoned medical malpractice attorney.

Common Types of Medical Malpractice

Any form of medical malpractice could lead to significant damages to the victim, which could include significant medical expenses, necessitate continued treatment, or cause the patient to suffer needless pain. Unfortunately, there are many common causes of medical malpractice in Charleston with which experienced lawyers are all too familiar.

Misdiagnosis or Failure to Diagnosis

Misdiagnosis may result in inappropriate treatments, while a failure to diagnose may cause a patient to miss proper treatment. These actions are generally considered to be negligent behavior and could lead to a malpractice claim.

Surgery or Childbirth

Errors can easily occur during invasive medical interventions such as surgery and childbirth. However, if a victim suffers an injury such as a punctured blood vessel that stems from a medical error, malpractice may have occurred. The same logic may apply to operation on the wrong body part or mistakes made during pre-natal care,


Small errors while administering anesthesia could possibly result in extremely serious injuries. If an anesthesiologist fails to thoroughly investigate a patient’s medical history or inform the patient of associated risks, that patient may have grounds to sue for any resulting injuries or damages.

Prescription Drug Error

Improper treatment, including incorrect prescriptions or dosage, can cause serious harm to a patient. Prescription drug errors could alternatively involve the use of defective products, such as defibrillators, stents, implants, or pumps. When these actions occur because of negligence, it may be evidence of malpractice.

Elements of Medical Malpractice in Charleston

The elements of a medical malpractice case in Charleston would first include the establishment of a doctor-patient relationship. Once that has been established, the patient would need to establish that there was some type of duty owed by the physician. That the breach of that duty has occurred either by an act of the physician. This act will either be something they should not have done, an omission, or something they should have done but failed to do. The combination of the breach of duty and damages that the patient incurred as a result of the breach of that duty, forms a causal relationship.

Recovering Damages

Medical negligence can have a profound impact on the individual’s life. When an individual has been harmed by medical negligence, they deserve to be fully compensated in order to recover and move on. Compensation, with the help of a Charleston medical malpractice lawyer, should include:

  • Payment of all medical expenditures needed to treat the problems caused by the medical error.
  • Payment for loss of wages if medical negligence is causing someone to miss work or the ability to earn as much in the future.
  • Payment for emotional distress and pain endured due to medical negligence.

Wrongful death damages paid to surviving family members provide different types of compensation like payment for lost companionship and a lifetime of lost earnings.

Contact a Medical Malpractice Attorney in Charleston Today

The harm that comes from medical malpractice may not become apparent until well after the incident in question. However, there are strict time limits for filing malpractice claims in Charleston, so if you suspect you have fallen victim to improper care, it may be worthwhile to reach out to legal representation as soon as possible.

A Charleston medical malpractice lawyer could assist you in understanding the legal standard of care relevant to your particular condition, if a violation of that standard has occurred, and any potential claim you may have. They also may be able to help collect evidence and testimony to present a favorable claim.

Medical malpractice is too common of an accident. If you suffered harm from a doctor’s mistake, you do not have to fight alone. Call today to schedule a consultation regarding your medical malpractice claim.