Medical Malpractice Attorney Ladson, SC

Quick Answer: A Ladson medical malpractice claim requires proof that a provider departed from the accepted standard of care and that this caused harm, supported by a qualified expert. South Carolina requires a Notice of Intent to File Suit with an expert affidavit and pre-suit mediation, and claims generally must be filed within three years of discovering the injury and no more than six years after the care. Because Ladson patients often see providers in several counties, the proper venue depends on where the care was given and where the providers practice.

On this page:

• What if several providers were involved?
• Can you bring a claim against a workplace clinic doctor?
• What about telehealth errors?
• What are the most common diagnostic errors?
• What about medication and pharmacy errors?
• What if the patient was a child?
• Where is a Ladson malpractice case filed?
• What must happen before you sue?
• What can you recover?
• How do you get started?

What If Several Providers Were Involved in Your Care?

Many malpractice cases involve a series of providers, such as an urgent care clinic that missed warning signs, a primary care physician who did not follow up, and a hospital that delayed treatment. Each provider may be responsible for its own part of the care, and each may have its own insurer. Identifying who saw what, when, and what each provider should have done is the heart of the case, which is why we request records from every provider rather than just one.

Can You Bring a Claim Against a Workplace Clinic Doctor?

Often, yes. Many Ladson employers send injured workers to occupational health clinics or company-directed physicians. Workers’ compensation generally prevents a lawsuit against your employer, but a physician who negligently treats a work injury is generally a separate party who may be responsible for malpractice that makes the injury worse. For example, a missed fracture or an untreated infection after a workplace injury may support a malpractice claim in addition to the workers’ compensation claim. Our Ladson workplace injury lawyers can coordinate both.

What About Telehealth Errors?

Telehealth visits are convenient, but they still must meet the standard of care. A provider who cannot adequately evaluate a patient remotely should refer the patient for in-person care, especially when symptoms suggest a serious condition such as a stroke, heart attack, serious infection or appendicitis. Claims involving out-of-state telehealth companies can raise questions about where the case must be brought, so preserve your app messages, visit summaries and prescriptions.

What Are the Most Common Diagnostic Errors?

Missed and delayed diagnoses are among the most common malpractice claims. They include cancers not detected on imaging or not followed up after an abnormal result, heart attacks and strokes sent home as minor complaints, sepsis and other serious infections that were not recognized, and fractures or internal injuries missed after an accident. The question is whether a reasonably careful provider, with the same information, would have made the diagnosis sooner, and whether earlier treatment would have changed the outcome.

What About Medication and Pharmacy Errors?

Medication errors can occur when a drug is prescribed in the wrong dose, prescribed despite a known allergy or dangerous interaction, or dispensed incorrectly by a pharmacy. Keep the bottle, label and remaining medication, along with the pharmacy paperwork. The prescriber, the pharmacy and sometimes a hospital may share responsibility.

What If the Patient Was a Child?

Claims involving children, such as missed meningitis, delayed treatment of dehydration or birth injuries, require special care. South Carolina has special time-limit rules for minors, and settlements for children generally require court approval and protection of the child’s funds. Even so, it is best to have records reviewed early rather than waiting.

Where Is a Ladson Malpractice Case Filed?

Generally in a county where a defendant resides or practices, which may be Berkeley County, with its courts in Moncks Corner; Charleston County, at 100 Broad Street; or Dorchester County, in St. George. When several providers in different counties are involved, there may be more than one proper venue, and choosing among them is part of the strategy.

What Must Happen Before You Can Sue for Malpractice?

Under S.C. Code Section 15-79-125, the patient must serve a Notice of Intent to File Suit with an affidavit from a qualified expert under S.C. Code Section 15-36-100, identifying at least one negligent act or omission, and the parties must mediate before suit. Claims generally must be filed within three years of the treatment or of discovering the injury, and no more than six years after the act or omission, under S.C. Code Section 15-3-545. Claims against public providers also fall under the South Carolina Tort Claims Act, with its own deadline and limits.

What Can You Recover in a Ladson Malpractice Case?

An injured patient can generally recover medical expenses, lost income and earning capacity, and noneconomic damages such as pain and suffering. Noneconomic damages are capped in most cases under S.C. Code Section 15-32-220, with amounts adjusted annually, but the cap does not apply in some situations, such as gross negligence. Economic damages are not capped. If a medical error was fatal, see our Ladson wrongful death lawyer page.

What Is an Informed Consent Claim?

Before a significant procedure, a provider generally must explain the material risks, benefits and alternatives. If a significant risk was not disclosed, that risk occurred, and a reasonably informed patient would have declined, an informed consent claim may exist. Keep your consent forms and write down what you were told.

How Do You Get Started?

Write a timeline of symptoms, visits and what each provider told you, and list every clinic, pharmacy and hospital involved. Keep discharge papers, visit summaries, app messages and bills. You do not need to gather the records yourself; we can request the complete chart from each provider and begin the expert review. Starting early protects your options, because the record collection and review take time.

Why Does a Malpractice Case Need an Expert?

Jurors generally cannot decide whether medical care was reasonable without help from someone trained in the same field. South Carolina therefore requires an expert affidavit before suit, and at trial, expert testimony is usually needed to establish both the standard of care and that the breach caused the injury. The expert usually must practice in the same or a similar specialty as the defendant and be familiar with the standard that applied at the time of the care.

Finding and preparing qualified experts takes time and resources, which is one reason malpractice cases are handled differently from other injury claims. Our early review tells you whether a qualified professional believes the care fell short before you commit to the pre-suit process, so you can make an informed decision about moving forward.

Related pages: Our main North Charleston medical malpractice lawyer and Charleston medical malpractice lawyer pages explain this practice area in more depth. Clients in Ladson also turn to our Ladson personal injury lawyer, Ladson car accident lawyer, Ladson workplace injury lawyer, Ladson wrongful death lawyer and Ladson criminal defense lawyer pages, and we handle the same kinds of cases for clients who need a medical malpractice lawyer in Summerville or a medical malpractice lawyer in Goose Creek.

If you believe a medical error harmed you or a family member in Ladson, SC, our Ladson medical malpractice lawyers at Clekis Law Firm can review what happened. Call 843-900-0000 or contact us to schedule a consultation. Our North Charleston office at 2850 Ashley Phosphate Road is open 24 hours a day, seven days a week, and we also meet clients by appointment at our Charleston office on Church Street.

Attorney responsible for this page: Nicholas J. Clekis, Clekis Law Firm, 2850 Ashley Phosphate Road, North Charleston, SC 29418.