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Can I Sue A Healthcare Provider If I Was Injured During Treatment?
If a healthcare provider causes you harm instead of helping you with your medical problem, you may have legal options. A Darlington County, South Carolina medical malpractice lawyer can help you pursue legal action. Whether you were injured during a surgical procedure or suffered a serious reaction to a prescribed medication, our law firm is ready to assist you.
Who Can Be Held Liable in a Lawsuit?
Sometimes the healthcare provider is the only party being sued in a case like this, but occasionally there are other liable parties that need to be held accountable. You may be able to sue other individuals or their places of employment. Potential defendants can include:
- Other doctors and nurses
- A hospital
- A clinic
- A nursing home
We can evaluate your case and target those who should be held responsible.
Do I Have to Go to Court if I Sue a Healthcare Provider?
You may not even have to go to court when you sue a healthcare provider. Under South Carolina law, you must notify the parties you plan to file a lawsuit against before you begin pursuing a personal injury case. Then you have to participate in a mandatory mediation session within 90 to 120 days of that notification.
So you could potentially work this out in mediation without the need for litigation. A lawyer from our firm is ready to help you negotiate for the best possible outcome.
How Long Do I Have to Sue a Healthcare Provider?
Most of the time, you have three years to sue for medical malpractice in the state of South Carolina. This timer starts as soon as the act of malpractice occurred. However, if an injury or medical issue was only discovered later on, that can put more time on the clock and give a plaintiff more time to sue. In any case, we recommend that you take legal action quickly once you have decided to file a medical malpractice suit. The sooner you file, the sooner you can receive the compensation you deserve.
What Should My Compensation Cover?
If you sue a healthcare provider, their insurance company might try to settle with you. This offer can be tempting, especially if you really need the money, but you have to remember that if you take this offer you cannot pursue compensation. You need to think about this seriously and ask if this covers all of the expenses relating to your injury, including:
- The cost of past and future medical care
- Lost wages
- Loss of earning potential
- Loss of enjoyment
- Mental anguish
- Pain from disability or disfigurement
If that offer does not cut it, you need to fight for fair compensation with the help of our law firm.
Contact Us Today
When you are ready to hold a healthcare provider responsible for their negligence, contact the James Law Office. We can schedule a free case evaluation and tell you more about your options.