Every day, people trust doctors with their lives. That’s a reasonable assumption – physicians and other healthcare professionals have a sworn duty to provide safe, ethical, and accurate medical treatment to their patients. But that doesn’t always happen. As many as 250,000 people in America are the victims of medical malpractice every year.
The Charleston Medical Malpractice attorney, Jim Davis, P.C., is here to help. Jim has decades of experience with assisting medical negligence victims and their families in Massachusetts and South Carolina.
We know that medical malpractice brings pain and confusion into the lives of victims and their families as well as many financial burdens. We provide compassionate and professional service and pursue compensation that will help our clients to move past the challenges they are facing.
What Is Medical Malpractice?
Not all negative outcomes are the result of medical malpractice. Malpractice occurs only when a medical professional fails to adhere to an applicable standard of medical care, and an injury or death occurs as a result.
In other words, the medical professional failed to do what a reasonably careful professional would have done if facing the same or similar circumstances.
To better understand what medical malpractice is – and whether it has harmed you or a loved one – please view this video.
How Can We Help You With Your Claim?
When you choose Jim Davis P.C. to handle your case, you will work with a law firm that features:
Jim Davis P.C., focuses on seeking justice for medical malpractice victims and their families in Charleston and throughout South Carolina. We know what goes into investigating and litigating medical negligence cases. We have years of experience and have obtained positive results in verdicts and settlements on behalf of our injury clients. To discuss the unique facts of your case, please contact us today by phone or through our online form. Our consultations are always free and confidential.
Jim is an aggressive negotiator. He knows how to work with doctors, hospitals, and their insurers in order to arrive at full and fair settlements for his clients. If a settlement is not obtained, he will present a carefully prepared case to a jury on your behalf. He also will resolve any appeals or other post-judgment issues that arise.
Our law firm works with investigators and highly qualified experts, including doctors, nurses, and other medical professionals. They can help us to establish what happened in your case, what party (or parties) should be held responsible, and the amount you deserve in just compensation.
How Does a Medical Malpractice Claim Work?
Pursuing a medical malpractice case in South Carolina can be a complex and time-consuming process. The initial steps in the case will include:
Getting copies of your medical records
Asking medical professionals to review your records
Once the initial investigation is complete, we will file a lawsuit or complaint. The complaint typically is filed in the Circuit Court in the SC county where the medical malpractice occurred. However, a complaint could also be filed in a federal court.
In South Carolina, a complaint must include an affidavit, or sworn statement, from your lawyer. The affidavit must state:
Your lawyer consulted with a medical expert
The expert was qualified to review your case by virtue of experience and demonstrated competence
The expert has determined in a written report that there is a “reasonable and meritorious cause” for filing a lawsuit in your case.
How long it takes to resolve your case after the filing of a complaint will depend on the other side’s cooperation with answering questions and providing documents relevant to your case.
This is a formal evidence-gathering process called “discovery.” In some situations, a court order may need to be obtained to force the other side to comply with a discovery request.
The time it takes to resolve the claims process also will depend on whether the medical professional involved in your case is willing to admit fault and agree to a full and fair settlement of your claim.
In many cases, a claim can be resolved without the need to go to trial. However, if a malpractice settlement cannot be reached, you can be assured that Jim Davis P.C. will be well-prepared to take your case to trial.
A trial may focus on both establishing the medical professional’s legal responsibility, or “liability,” and the damages you should recover. In some situations, the fault may be admitted, and a trial may focus only on damages.
Settlement talks may continue through trial or even after a verdict is reached.
Once a settlement or verdict is reached in your case, we will work efficiently to resolve any claims that may be attached to your recovery, account for your legal fees and case costs, and disburse the funds you are due.