Determining Fault in South Carolina Medical Malpractice Claims

Medical mistakes can happen for many reasons. Common causes include errors during surgery, diagnostic errors, birth injuries, failure to monitor the patient, and lack of informed consent. Injuries can also happen because a defective product, such as transvaginal mesh or hernia mesh, was used. The wrong medications may have been prescribed or used.

When medical malpractice or medical product accidents happen, surviving patients often require corrective surgery, extensive medical visits, medical prosthetics, physical and occupational therapy, medications, and additional medical care. Many victims lose the ability to earn a living short-term, long-term, or permanently. Patients suffer physically and emotionally, and some need psychological care in addition to physical care.

Common defendants in medical malpractice cases

Because the causes of medical error are many, and most patients are seen by multiple health care professionals in the course of any treatment, it can be challenging to determine which parties were liable for the malpractice and resulting harm. In most medical negligence cases, claims can be brought against one or more of the following:

• The doctor who performed the surgery
• The general physician who initially treated the patient
• A medical specialist, such as an obstetrician
• The medical firm that employed the responsible physician, or the firm where the doctor was a partner
• The hospital where the surgery was performed
• A medical clinic or medical center
• Attending nurses
• Medical technicians, such as X-Ray technicians
• Pharmacists who fill prescriptions improperly

Other potential defendants in medical error cases are midwives and the companies that manage them. Entities such as hospitals may be directly liable for their own negligence or indirectly accountable for the negligence of their staff, including doctors, nurses, physician assistants, and technicians.

Common defendants in medical defect cases

In some cases, the patient’s injury results from the use of a faulty medical device or product or a dangerous medication. In these cases, the following parties may be liable:

• The manufacturer of the product, such as Johnson & Johnson in the case of cancer-causing talc powders
• Any distributors or sellers of the medical device, prosthetic, or product
• Pharmacists who fill prescriptions for known dangerous drugs
• Pharmaceutical companies who manufacture medications that do more harm than good

Doctors and hospitals that knowingly use defective products but fail to get an informed consent authorization from their patient may be liable for.

At McGowan, Hood, and Felder, LLC, our South Carolina medical malpractice attorneys fight to hold every liable person or business accountable. Determining responsibility depends on how the accident happened and why it happened. In some cases, only one person or entity may be responsible. Often, we bring claims against multiple defendants.

Medical malpractice cases are very complex. Knowing who to sue is just one part of the puzzle. For strong professional advocacy, please phone our lawyers at 803-327-7800 or complete our contact form. We fight diligently to obtain justice for our clients.