Facing a severe medical condition that requires surgery is stressful enough. Waking up and realizing that there was an error or an avoidable complication during the procedure is every patient’s nightmare. At the Knie & Shealy Law Offices, we have helped many individuals bring claims against their treating medical professionals after suffering injuries associated with a surgical error. In many cases, the mistake exacerbated the patient’s condition, leading to even more pain, suffering, and expense. People in the Spartanburg area who have been affected by an incident of medical malpractice can consult Attorney Patrick E. Knie for assistance in pursuing the compensation that they deserve. We also have an office in Greenville from which we can assist injured individuals in that area.Bringing a Negligence Claim Against a Health Care Provider
Medical procedures and operations are usually very complex and sophisticated. As a result, it may not always be immediately clear that the failure of a surgery was due to a professional’s negligence. It is important to obtain second opinions and consult other experts who can review your case and tell you whether the complication could have been avoided had the doctor exercised appropriate care.
The first step in recovering compensation for a surgical error is showing that the doctor failed to act according to the applicable standard of care. Broadly speaking, surgeons owe their patients the same level of care that a reasonably competent and skilled surgeon with similar training would provide in a similar situation. After establishing the duty of care, the plaintiff must show that his or her physician failed to render care in accordance with that standard, which is also referred to as a breach.
Once those first two elements of a claim have been met, the plaintiff must show that there was a causal connection between the breach and the damages that he or she incurred. This means that he or she would not have been hurt if the doctor had met the applicable standard of care. Determining causation in a surgical error case can be extremely complex and typically requires providing testimony from a medical expert from the same field as the defendant.
Finally, the plaintiff must itemize the damages that he or she is claiming in the lawsuit, including medical expenses, physical therapy, pain and suffering, and any lost income. If the error caused the patient to suffer a permanent disability, the defendant doctor may be required to compensate the plaintiff for the cost of long-term medical care or his or her loss of future earning capacity.Enlist a Greenville & Spartanburg Attorney to Pursue Damages for Your Injuries
If you have suffered from a preventable medical mistake, you may be entitled to compensation. The last thing you and your family should have to deal with while coping with this situation is maintaining a lawsuit against the doctors who treated you. Injury lawyer Patrick E. Knie has more than 40 years of experience helping Spartanburg residents and victims of medical negligence in other communities, such as Greenville. The team of professionals at the Knie & Shealy Law Offices is dedicated to fighting for the compensation that patients are due. We proudly serve injured individuals throughout Union, Cherokee, Laurens, and Greenville Counties. Call us at (864) 582-5118 or contact us online to set up a free consultation.