Medical malpractice is the area of personal injury law that involves medical care that falls short of the standard of care because of the action or omission of a medical professional that results in injury to or death of a patient. This includes injuries to a person’s mind, body, or emotions, or a person’s death as a result of such an injury.
A person who has been injured (or their immediately family if the injuries were fatal) may be entitled to compensation for the injuries. A “medical professional” includes not just medical doctors, but also nurses, physician’s assistants, therapists, chiropractors, dentists, and pharmacists, among others.
Our Lawyers Focus On Your Needs
If you or someone in your family has been the victim of medical malpractice, you may still be dealing with recovery and your change in situation. If you have lost someone as a result of a medical error or negligence, no amount of compensation can give your loved one back to you. In medical malpractice cases, compensation is available for a number of things, including medical expenses, therapy, loss of income, loss of consortium, and pain and suffering, among other things, and sometimes punitive damages as well.
The medical malpractice lawyers at McKinney, Tucker and Lemel have decades of experience helping clients with their medical malpractice and personal injury claims. We are very well acquainted with how insurance companies work and the lengths they will go to at times to avoid paying a claim, and also how to establish a winning case for medical malpractice.
We are committed to getting you compensation and advocating for you and your wishes at every step. Our firm has a reputation throughout the community as trusted advisors and counselors, committed to compassionate and detail-oriented service. When you go up against insurance companies or other defendants to seek compensation, you need lawyers who are strong advocates for you, who know the system well enough to be able to pursue the full amount of compensation to which you are entitled.
Our team of local medical malpractice lawyers is also:
- Experienced – Our attorneys measure their legal careers in decades.
- Focused – We are a client-focused law firm. Your concerns are our priority.
- Responsive – Open lines of communication and frequent updates keep you informed every step of the way.
- Straightforward – You can count on us to give you honest advice without the sugar coating.
- Cost-effective – We aim to deliver quality legal services at rates you can afford.
Do I Need a Lawyer for My Medical Malpractice Claim?
If you have a medical malpractice claim, it is unlikely that your claim will be resolved satisfactorily if you handle the claim yourself with the insurance company. For starters, most insurance companies require the medical professionals they insure to inform them if anyone has a malpractice claim. Even lawyers know better than to represent themselves. The complexity of a malpractice case makes it a formidable task for you to try to represent yourself.
Also, dealing with an insurance company and gathering all the documentation necessary for your claim can be very stressful. We have negotiated with insurance companies for years, in and out of the courtroom. Our medical malpractice lawyers can analyze the facts of your case, determine if you have a malpractice claim, and fight for your right to full compensation.
You and your loved ones deserve the best representation possible as you deal with your injuries and losses. It is very important to understand: Insurance companies and special interest groups have lobbied for legislation that places enormous legal burdens on you while you are trying to deal with these issues. We will take these burdens off your shoulders and pursue all possible forms of recovery while you focus on your own recovery and health.
Expert testimony is required at all stages of medical malpractice litigation. We will work closely with qualified experts in the area of your injury in order to seek the maximum recovery possible. Our attorneys will not only pursue compensation, but you, our client, will be treated with the compassion, security, and understanding that you deserve.
What Kinds of Medical Errors Are Considered Malpractice? Is There a Limit to How Much I Can Recover in Damages?
There is a large range of actions or omissions that can lead to medical malpractice claims. It includes mistakes like:
- Incorrect diagnosis
- Emergency room errors
- Failure to conduct adequate testing
- Surgical mistakes
- Incorrect interpretation of lab or diagnostic results
South Carolina does have a cap on the amount of compensation that can be awarded in a medical malpractice case for non-economic damages, even if the plaintiff proves that their damages were greater than the cap. Economic damages include medical expenses (past and future), lost income, lost earning capacity, etc. There is no statutory limit on economic damages. Non-economic damages include compensation for pain and suffering, emotional distress, loss of enjoyment of life, etc. The cap on non-economic damages is $350,000 (see S.C. Code of Laws Title 15, Chapter 32.) If the judgment is against more than one defendant, the total non-economic damages cannot be greater than $1.05 million, and a single care provider or institution cannot be responsible for more than $350,000 in non-economic compensation.
Let McKinney, Tucker & Lemel Help With Your Medical Malpractice Case
If you have been injured due to the action or inaction of a medical care professional, and you live in Rock Hill, Fort Mill, York County, Lancaster County or surrounding areas of South Carolina, the experienced local medical malpractice attorneys of McKinney, Tucker & Lemel can offer the qualified assistance you need to present your best case.
The attorneys at McKinney, Tucker & Lemel have deep ties to the communities we serve, and have dedicated our careers to making sure clients like you get a fair result. Contact us now for an evaluation of your medical malpractice case and advice about your legal options so we can help you today.