Most South Carolina medical malpractice lawsuits revolve around the issues of whether the defendant health care provider breached the applicable standard of care and, if so, the amount of compensation due to the victim.However, sometimes there are other issues, such as in a recent case in which the malpractice action…
Healthcare providers like nursing homes and hospitals generally prefer to arbitrate, rather than litigate, South Carolina medical malpractice claims. There are several reasons for this, including the likelihood that the damages award paid out to a particular medical malpractice victim (or his or her family, if the patient died) will…
In recent years, there has been a trend toward alternative dispute resolution, such as arbitration, in some kinds of cases, including South Carolina nursing home abuse cases. It is important to note that the reason for this trend is not because injured individuals or the families of those who have…
Those who are confined to nursing homes and other long-term care facilities are extremely vulnerable. While it would be nice to believe that these individuals are given the care and treatment that they need and deserve, this is not always so. Unfortunately, South Carolina nursing home negligence and medical malpractice…
Although there are several deadlines that may apply in South Carolina medical malpractice lawsuits, one of the most important is the statute of limitations. Claims not filed within the limitations period are usually dismissed, regardless of the merits of the plaintiff’s case. While there are a few exceptions, only cases…
South Carolina medical malpractice cases can arise in a number of contexts, including not only obvious mistakes, such as leaving an instrument inside a patient’s body or surgically removing the wrong organ, but also more complicated situations, such as a failure to make a timely diagnosis of lung cancer. While…
When someone is a victim of medical malpractice, he or she may incur substantial medical expenses because of his or her injuries. When the injured person is a minor child, it is usually the parent who bears the financial responsibility for those expenses. The state’s highest court entertained a South…
The fact is that most civil lawsuits are settled outside court. Of those that are tried, only a small percentage are appealed. Fewer still are appealed past the intermediate court of appeals and on to the state’s highest court. Still, there are a few cases that make it all the…
Several months ago, we told you about a federal court of appeals’ decision in a case in which a medical malpractice insurance company sought a declaratory judgment as to its responsibility to cover certain acts of malpractice after it was discovered that a fake nursing home “doctor” had illegally assumed…
Civil claims not asserted in a timely fashion face dismissal on procedural grounds, regardless of the merits of the underlying complaint. The time period that a claimant has to assert his or her rights varies from case to case, depending upon the state in which the claim arose and the…