Greenville medical malpractice attorney Venus Poe explains what constitutes medical negligence in South Carolina and when you might have a case against a provider:
Medical malpractice occurs when a healthcare professional breaches the medical “standard of care.” That means they failed to provide the level of care that another reasonably competent professional would have provided, and that breach directly causes you harm.
To have a valid medical malpractice case, you must prove four specific elements:
- Duty: A doctor-patient relationship existed, legally binding the provider to give you competent care.
- Breach: The provider failed to meet the standard of care. Common examples include misdiagnosis, surgical errors, birth injuries, or medication errors.
- Causation: You must prove that the provider’s specific failure (the breach) was the direct cause of your injury.
Damages: You suffered specific, significant harm as a result, which can include economic losses (like medical bills and lost wages) and non-economic losses (like pain and suffering)
When we are sick or injured, we place our trust in the hands of medical professionals. We rely on their education, training, and commitment to help us heal. Here in Greenville, we have access to world-class medical care through major health systems like Prisma Health Greenville Memorial Hospital and Bon Secours Mercy Health.
But doctors, nurses, and surgeons are human, and sometimes devastating mistakes are made.
As a Greenville medical malpractice attorney, Venus Poe has dedicated her practice to helping victims find answers. Contact our team today to start building your case and allowing us to protect your legal rights.
The Critical Difference: A Bad Outcome vs. Medical Negligence
A bad medical outcome is not automatically medical malpractice. This is one of the most misunderstood areas of South Carolina medical malpractice law. So, how do you know if your (or your loved one’s) injury was an unavoidable complication or a case of true medical negligence?
Understanding the Medical “Standard of Care”
The most important concept to understand in a medical malpractice case is the “standard of care.”
In legal terms, the standard of care is the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under the same or similar circumstances.
What Is and Is Not Medical Malpractice in South Carolina?
Medical malpractice occurs when a healthcare provider violates or breaches the standard of care, and that breach directly causes you harm.
It is not malpractice if:
- A known and disclosed risk of surgery occurs.
- The treatment was unsuccessful, but the doctor did everything right.
- A patient’s condition was simply untreatable.
It might be malpractice if:
- A doctor failed to diagnose a condition that another competent doctor would have caught.
- A surgeon made an error that a reasonable surgeon would not have made.
- A nurse administered the wrong medication or dosage.
The Four Elements of a Medical Malpractice Claim
To win a medical malpractice case in South Carolina, you can’t just say you think the doctor made a mistake. You must prove four specific elements: Duty, Breach, Causation, and Damages.
Think of these as four pillars that must all be standing for your case to be successful.
Duty
When a doctor, nurse, or hospital agrees to treat you, they establish a doctor-patient relationship. This relationship legally binds them to a duty to provide you with a competent standard of care.
Breach of Duty
You must prove that the healthcare provider failed to meet the standard of care. This is the “negligent” act. Common examples of a breach of duty include:
- Misdiagnosis or Delayed Diagnosis: Failure to recognize the clear symptoms of a heart attack, stroke, or cancer, leading to a critical delay in treatment
- Surgical Errors: Operating on the wrong body part (wrong-site surgery), leaving a surgical instrument in the body, or avoidably damaging a nerve or organ
- Birth Injuries: Failing to respond properly to fetal distress or mismanaging a difficult delivery, leading to conditions like cerebral palsy or Erb’s palsy
- Medication Errors: Prescribing the wrong drug, administering the wrong dosage, or failing to check for dangerous drug interactions
- Anesthesia Errors: Giving too much or too little anesthesia, or failing to monitor the patient’s vital signs properly during surgery
Causation
You must show that the provider’s breach of duty (the mistake) was the direct and proximate cause of your injury.
For example, if a patient’s cancer was already terminal (Stage 4) and a doctor’s delayed diagnosis only changed the prognosis by a few weeks, it may be difficult to prove causation.
However, if a doctor’s failure to spot cancer on an early X-ray allowed it to grow from a treatable Stage 1 to a deadly Stage 3, the “causation” is clear. The negligence directly caused the patient to lose their chance of a cure.
Damages
Finally, you must prove that you suffered specific, significant harm as a result of the injury. These “damages” are what a lawsuit seeks to recover and are categorized in two ways:
- Economic Damages: These are your measurable financial losses. This includes all past and future medical bills, lost wages from being out of work, and the costs of any future life care, modifications to your home, or therapy.
- Non-Economic Damages: These are the intangible, human losses. This includes compensation for your physical pain and suffering, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
Do You Have a Medical Malpractice Case? Contact Attorney Venus Poe
If you are reading this, you are likely in a place of pain and confusion. The legal system is the last thing you want to deal with while trying to heal.
If you suspect that you or a family member was a victim of medical negligence in Greenville or anywhere in the Upstate, your first step is to seek a consultation with an experienced Greenville medical malpractice attorney.
At Venus Poe’s medical malpractice law firm in Greenville, SC, we understand the stakes. We have the resources to consult with top-tier medical experts and the experience to navigate South Carolina’s complex malpractice laws. We will listen to your story, review your records, and give you an honest, clear assessment of your legal options.
Do not try to fight this battle alone. Contact our office today for a free, no-obligation consultation. Let us help you find the answers and accountability you deserve.