Have you been injured by a healthcare professional in South Carolina and now you’re unsure of how to move forward with your claim? One of the most difficult parts of any medical malpractice claim is discovering which party is liable for your injuries. These cases can quickly become complicated, with many legal concepts integrated into language that may be confusing to you. This is why it is important to speak with an experienced attorney as soon as possible, at the Nye Law Group.
When You Have Been Injured
Have all the elements been met in your medical malpractice case? You are only permitted to hold a healthcare professional or hospital liable for your injuries in one of these cases if you can prove that the healthcare provider had a duty to the patient, that the duty was breached, that the breach of duty caused harm, and that this harm caused your injury. In these cases, the burden is on you to be able to prove your case through the harm that another party caused.
However, healthcare professionals may not be the only relevant parties in your case. Yes, a professional has a legal duty of care to provide reasonable care to you as a patient, which means asserting their training and not causing you harm at any cost. However, a hospital also owes a duty to patients who are admitted, which means ensuring that you get treatment no matter what during an emergency, and ensuring that all professionals have been properly trained for the job at hand.
Unfortunately, there are many ways that a provider’s duty to you is breached every year in medical malpractice cases. Perhaps this was done through misdiagnosis when a healthcare professional did not take the steps to perform various tests even though they saw the signs of disease in front of them. Maybe they neglected to care for you, made an error in distributing your medication, or failed to take precautions to keep their environment clean and tidy. No matter what, if any of these conditions were present and you can prove it, you could have a case against a professional or hospital.
Is a Professional Actually an Independent Contractor?
Physicians are sometimes given the decision to become contractors at a hospital rather than actual employees. This means that a contractor sells their services to a practice, but has no legal connection to them. Independent contractors have a lot of freedoms, such as choosing how often they work and when they can take a vacation. However, this could spell out trouble for you in your case, as a hospital may claim that they have no responsibility for your damages if this situation occurs. Therefore, you will have to make a claim against the party themselves, which can introduce many more legal concepts that are fresh to you.
Many cases of medical malpractice are not only complex and confusing cases but also timely and costly. Because of this, we will work with you to decide if settlement or litigation is the best option for you. At the Nye Law Group, we want to exhaust all your options and help you through every aspect so that you know which damages you are eligible for and what certain concepts mean. Call us today to find out more about how we can help, at 855-636-9277.