While filing a Charleston medical malpractice claim may seem like a daunting situation, know that you do not and should not have to face it alone. A skilled medical malpractice attorney could guide you through the process every step of the way so that you can know what to expect and to approach any obstacles. Read on to learn more about what goes into filing a Charleston medical malpractice claim, as well as the ways a seasoned lawyer could offer you their assistance today.
Process for Filing a Charleston Medical Malpractice Claim
The process of filing a medical malpractice claim in Charleston is different than most other cases. It falls into the category of professional negligence cases. It is required in South Carolina that the plaintiff obtain and file an Affidavit from a professional witness along with the Summons and Complaint, in which the witness opines that malpractice has been committed. If this is not done, an individual’s case can and will be dismissed.
Drafting a Complaint
A complaint in a medical malpractice case has to allege that malpractice was committed and that malpractice is the deviation of a medical professional or institution from the accepted standard of care. One must also have to allege and prove that that deviation from the accepted standard of care caused harm to the plaintiff in the form of physical, emotional, and/or economic damages. In drafting the Complaint in a medical malpractice case, an Affidavit must be obtained from a professional witness prior to filing the lawsuit. That is unique in professional malpractice cases.
How Involved is the Plaintiff in Filing the Case?
Early on, the plaintiff is very involved in the claim filing process. It is important to get an accurate history from the injured individual, especially at the beginning. Once the lawsuit is filed, the plaintiff will be needed to assist in answering Interrogatories and will be prepared for and give a Deposition, which is a sworn testimony under oath. Beyond that, the strategy and the preparation of pleadings as well as the filing of motions and preparing the medical malpractice case is primarily done by the lawyer. The lawyer will, of course, keeps the plaintiff informed of everything that they are doing throughout the process.
How a Dedicated Injury Attorney Can Help
There are so many pitfalls that a non-lawyer can fall into, and even an attorney who does not practice medical malpractice will often not know these mistakes that one can step into. For those reasons and a myriad of others, it is important to never try to file a medical malpractice case on one’s own. Rather, someone should take any potential medical malpractice case to a professional medical malpractice litigation attorney from Howell and Christmas.
A lawyer is often the sole contact that the plaintiff has with regard to the status of the claim. These claims can be stressful, and it is part of the lawyer’s job to keep the plaintiff calm and assured that everything is being done that needs to be done, to keep the individual reasonably informed of what is going on in the case, and to keep them advised of the potential risks of these cases. There is rarely a perfect case, and there is always a possibility that the case can be lost and the defense verdict can be returned. These risks need to be explained to a plaintiff so that there are few surprises. If you require assistance in filing a Charleston medical malpractice claim, reach out to a qualified injury attorney today for your initial consultation.