Archive for January, 2022

Understanding If You Have a Case for Medical Malpractice in South Carolina

Doctors and hospitals are supposed to help, not hurt. So, when a medical mistake occurs, it can be hard to know what to do. The first thing you should do is call a South Carolina medical malpractice attorney who can walk you through the legal process.

What Is Medical Malpractice?

According to South Carolina Code of Laws Section 15-79-110, medical malpractice is action or inaction taken by medical professionals or facilities that does not match what a reasonably prudent health care provider or health care institution would do in the same or similar circumstances.

In order to prove medical malpractice in South Carolina, you must be able to prove the following:

Thus, a health care provider’s negligence is not the only element that leads to a medical malpractice claim. You must also prove that you were injured, and the negligence was the cause of that injury.

How to Prove You Have a Medical Malpractice Case

If a health care provider caused your injuries, then you might have a case for medical negligence against them. However, you must be able to prove each and every element of medical malpractice. That’s why it’s important to work with a medical negligence attorney who is familiar with the legal process and knows how to prove medical malpractice in court.

First, you must prove there was a doctor-patient relationship. This can often be easily established with medical records that show your health care provider treated you for medical conditions. Your medical malpractice attorney can request all of your medical records to ensure you have them as evidence of a doctor-patient relationship.

Then, you must present the recognized and accepted standards that the medical professional should have followed and establish that they did not adhere to these standards. This is accomplished with a qualified medical expert witness who will describe the medically negligent actions or inactions taken by the health care provider. Ryan Montgomery Law, has a network of medical experts who he can draw from to support your case.

Finally, you must be able to prove that the negligence of the medical provider was the cause of your injuries. This will require support from eyewitnesses (potentially other health care providers who were present), medical records, outside medical opinions, and medical experts.

How Long Do I Have to File a Medical Malpractice Lawsuit in South Carolina?

In South Carolina, you only have three years from the date on which you were harmed by the medical provider or from when you could reasonably be expected to know you were harmed. However, if you exceed six years, you no longer have a right to file a medical malpractice claim even if you weren’t aware of the harm within that time.

There are a few exceptions. For example, if your injury involves “the placement and inadvertent, accidental, or unintentional leaving of a foreign object in the body,” you have two years from the date when the presence of the foreign object was discovered. The larger six-year deadline does not apply.

How Much Money Can I Get in a Medical Malpractice Claim in South Carolina?

You can get 100% of the damages you have incurred for economic damages like medical bills, lost wages, etc. However, South Carolina puts a damages cap on how much money you can recover for non-economic damages like pain and suffering in a medical malpractice claim. The most you can get for non-economic damages against a single care provider or institution is $350,000. If your case involves more than one defendant, then you cannot get more than $1.05 million, but each defendant cannot be ordered to pay more than $350,000 for non-economic damages.

Contact Ryan Montgomery Law for Help

The medical malpractice lawyers at Ryan Montgomery Law understand South Carolina laws and can help you navigate a claim. They have helped countless victims recover the compensation they need to get their lives back to normal after an injury by a medical provider. Contact us today for a free consultation of your case.

What To Do If Your Insurance Claim for Personal Injury Is Denied in South Carolina

If you are involved in a personal injury accident, one of the steps you will need to take to get compensation is to file an insurance claim. Whether you were involved in a car accident, slip and fall, or work injury, there should be an insurance company who can be held financially liable for your damages.

Common Reasons a Personal Injury Insurance Claim May Be Denied

A common tactic of insurance companies to save money is to deny claims, even when they are valid. When this happens, you should immediately contact a personal injury attorney who is not afraid to go up against the big insurance companies.

Some common reasons insurance companies deny claims include:

The only way to combat these denials is to gather evidence that supports your claim. That might include expert opinions, police reports, eyewitness statements, and evidence from the scene. You will also need medical records and bills to prove your injuries.

South Carolina Personal Injury Statute of Limitations

In South Carolina, you have three years from the date of the accident to file a personal injury claim or lawsuit. If you don’t meet that deadline, your claim will likely be denied no matter how strong it is.

Improper Claims Practices by Insurance Companies

Insurance companies that operate in South Carolina are required to comply with the South Carolina Code of Laws. According to Section 38-59-20, any insurance company that engages in the following activities has improper claim practices:

Additionally, any other practice which constitutes unreasonable delay in paying a claim or failure to pay a claim or settle claims in full constitutes improper claims practices.

These activities apply to first party claims of the insured as well as third party claims of people who have been injured by the insured.

Steps to Take After an Insurance Claim Denial

If the insurance company does immediately deny your personal injury claim, you still have options. Take the following steps to protect yourself:

  1. Call a personal injury attorney.
  2. Keep all of your correspondence with the insurance company.
  3. Maintain a record of all medical treatment, lost wages, and other damages.
  4. Collect information to support your claim.

Insurance claims are not always easy to navigate. If the insurance company disputes your claim, you should immediately contact a personal injury attorney at Ryan Montgomery Law. We have helped countless victims like you recover the money you deserve.

When you call a personal injury attorney at Ryan Montgomery Law, you will speak directly with someone who is familiar with insurance denials. We understand how these companies operate and we are here to protect your rights.