A patient injured by medical malpractice needs Murray Law Offices to insure you or your loved one recovers a wide variety of damages -- from medical bills to the loss of enjoyment of life to future earnings losses. As the patient’s family or heirs, if the medical malpractice results in the patient's death, you can also recover damages. The importance of having an experienced and tenacious representation will help you prove the fault of the doctor or medical professionals and the injuries ensued.
To understand if you have a case look to the definition of medical malpractice: when a doctor or another medical professional - like a nurse or technician - does something or doesn't do something that causes an injury or some harm to you, the patient. The medical professional's act or failure to act (called an "omission") is called "medical negligence." The mistake or omission can happen at any time during medical treatment. For example, your doctor may make a mistake diagnosing your illness, or she may not give you the proper treatment or medication for that illness. The key here is the standard of care. This is the generally accepted method or methods used by other medical professionals in the area to treat or care for patients under the same or similar circumstances.
A local example: if you're a 40-year-old stay at home mother with asthma living in South Carolina, the standard of care your doctor must use is the standard other doctors in the South Carolina and surrounding areas use to diagnose and treat asthma in 40-year-old stay at home mother. This standard is different, of course, for 20-year-old athletes or a 70-year-old retired railroad worker in another state. The standard changes depending on the patient's age and medical problem, and where the patient lives.
Murray Law Offices will investigate with you to prove your doctor or medical didn't follow or "breached" the standard of care for your particular medical problem, you've made a big first step in making a good medical malpractice claim.
Injury or Damage
To have a malpractice case we must prove that the injury is connected to the negligence. This is called causation, meaning your damage or harm was caused by the doctor's mistake. The amputation of the wrong limb, brain damage after an operation, a medical condition or disease got worse after treatment, or even death are good examples of injuries or damage.
Give Murray Law Offices a call today to file the case. There are noneconomic and economic damages to discuss. The statute of limitations is set by each state and South Carolina's is linked here: http://www.scstatehouse.gov/code/t15c032.php. A highlight would be seeing that there is a state limit on noneconomic damages and not a state limit on economic damages.
Damages Based on the Death of the Patient
South Carolina laws also determining what damages can be recovered if the medical malpractice results in the patient's death. These survival statutes allow the deceased patient's heirs or estate to recover damages that occurred during the time period from the initial medical malpractice to the death of the patient. These damages generally include everything allowed in a malpractice suit had the patient survived, except for damages relating to the future, like earning capacity. Some survival statutes also provide for recovery of funeral expenses, although this is usually part of the wrongful death statute.
Wrongful death statutes are designed to compensate the patient's family for their future monetary loss. The calculation is more thorough than a simple projection of future salary -- it also considers factors like the patient's spending, saving, and working habits. Compensation for the family's loss of companionship or emotional harm is typically not allowed under the wrongful death statues, although recently some states have allowed that kind of recovery. Depending on the state, not all family members can recover. For example, a state may allow the patient's spouse and children to recover damages, but not the patient's parents (at least in the case of an adult patient).
Your medical malpractice case will need the specialized skilled of our legal services attorneys and Murray Law Offices to recover your damages and justice for you or your loved one. Call Murray Law offices today for your consultation. Don't Worry, Call Murray!