Blog

Posts Tagged ‘South Carolina medical malpractice claims’

South Carolina Medical Malpractice Verdict For Death After Surgery

Saturday, April 14th, 2012

On March 9, 2012, after a one-week trial before a South Carolina medical malpractice jury, the surviving husband of a woman who died in November, 2007 just three weeks after surgery, received a medical malpractice verdict in his favor in the amount of $2.4 million. The medical malpractice claim alleged that the woman had gynecological surgery during which her bowel was perforated and the perforation was not treated properly or timely, leading to her death.

The medical malpractice defendants claimed that the risk of bowel perforation during the surgery is a known risk and that the diagnosis and treatment of the woman’s bowel perforation were timely and proper. The medical malpractice jury evidently did not agree with the defendants and found against them.

Source

“Known Risk” Of Treatment Versus Medical Malpractice

One of the most common medical malpractice defenses put forth by medical malpractice defendants is that the “bad outcome” complained of in the medical malpractice claim is a known risk of the treatment that the patient was made aware of and assumed the risk of suffering.

Medical providers are required to obtain “informed consent” from the patient before performing medical procedures, during which the medical provider explains to the patient the proposed medical procedure and all known risks of the procedure and alternatives to the proposed procedure that a reasonable patient would want and expect to know under similar circumstances.

While there is a certain amount of risk associated with all medical treatment, and bad medical outcomes may and do occur without medical negligence being a cause of the bad outcome, it is important to recognize that if substandard medical care was a cause of the bad outcome, then medical malpractice has occurred for which a medical malpractice claim may be made.

As an example of the above, it is a known risk that anyone occupying a motor vehicle being operated on the public roadways is exposed to the risk of becoming involved in a motor vehicle collision. However, if the collision was caused by the negligent operation of a motor vehicle (such as crossing over the double yellow lines separating traffic moving in opposite directions), then the injured occupants of the non-negligent motor vehicle may bring a negligence claim against the negligent driver.

In the medical malpractice lawsuit filed by the surviving husband in South Carolina, while it may be a known risk that the particular gynecological surgery performed on the man’s wife involved a risk of perforating the bowel during surgery, the cause of the perforation may still be due to medical malpractice (that is, the breach of the standard of care by the surgeon).

The South Carolina medical malpractice jury that heard the testimony and considered the evidence during the trial from both the medical malpractice plaintiff and the medical malpractice defendants determined that the medical malpractice defendants breached the standard of care and that the breach was a proximate cause of the woman’s injuries and death (and her surviving spouse’s losses as a result).

If medical malpractice may have been a cause of your injuries and losses, then it may be beneficial to consult with a local medical malpractice attorney to investigate your possible medical malpractice claim for you.

Click here to visit our website to be connected with medical malpractice lawyers in your state who be able to assist you with your medical malpractice claim or telephone us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!

South Carolina Medical Malpractice Verdict Against Dentists Who Kept On Pulling…

Sunday, December 18th, 2011

When a 28-year-old woman had a cracked tooth, she sought treatment at a South Carolina dental clinic. The dentists did not only address the issue with the cracked tooth, they decided that all 16 of her upper teeth should be extracted (there was no medical reason to remove 13 of her teeth). The woman also alleged that the dentists falsified their medical records for her in an attempt to justify all of the extractions.

By the time of the 2009 medical malpractice jury trial in Florence County, South Carolina, the young women had been without her upper teeth for three years. The cost of restorative dental surgery will be about $80,000.00. The jury returned with a verdict in favor of the woman in the amount of $2 million. This may seem like a large amount at first blush, until you realize how the loss of so many teeth affects the physical and mental well-being of people.

Source

Extracting so many teeth (especially when not medically necessary) can cause many medical and appearance problems. Without teeth, the woman would be unable to properly chew her food (which can lead to nutritional difficulties affecting general well-being). The lack of teeth will dissolve away the jaw bone (chewing pressure stimulates the jaw bone), leading to a loss of support for the face and causing an increased appearance of aging (facial sagging and shrinkage) and increased wrinkles.

When teeth are missing, the opposing teeth do not act as a counter-force and will erupt into the mouth. When the upper teeth are missing, the lower teeth expand into the mouth and will traumatize the upper gum tissue and the sinus will expand and cause the bone to be destroyed from the inside out (the upper teeth help to keep the sinus in its proper position).

Source

Dental malpractice is a type of medical malpractice claims. Many medical malpractice attorneys also handle dental malpractice cases if the injuries and damages are severe enough to justify the expenses and time commitment in bringing a dental malpractice claim against a negligent dentist.

If you or a loved one have been injured as a result of dental malpractice, click here to visit our website  so that we may attempt to connect you with medical malpractice lawyers in your local area who may be able to represent you in your dental malpractice case. Or call us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, and LinkedIn as well!

An Analysis Of Paid Medical Malpractice Claims In The U.S. For 2010

Friday, September 23rd, 2011

An analysis of paid medical malpractice claims in the United States for 2010 based on data from the National Practitioner Data Bank for physicians (MDs), osteopathic physicians (DOs), interns, and residents found that there were 9,894 paid medical malpractice claims. The highest number of paid claims was in New York (1,373), with total payments in the amount of $667,168,500 (average payment: $485,920).  The fewest paid claims were in South Dakota (8), with total payments in the amount of $1,940,000 (average payment: $242,500).

The following states (in addition to New York) had more than 100 paid medical malpractice claims for 2010 (28 total states plus Puerto Rico):

Payments for Maryland medical malpractice cases (224) totalled $84,869,250 (average payment: $378,881).

Payments for Virginia medical malpractice cases (149) totalled $59,850,250 (average payment: $401,680).

Payments for Washington State medical malpractice cases (120) totalled $35,800,000 (average payment: $298,333).

Payments for North Carolina medical malpractice cases (146) totalled $49,487,750 (average payment: $338,957).

Payments for South Carolina medical malpractice cases (127) totalled $28,925,000 (average payment: $227,756).

Payments for Kansas medical malpractice cases (160) totalled $26,359,000 (average payment: $164,744).

Payments for Texas medical malpractice cases (510) totalled $87,022,500 (average payment: $170,632).

Payments for Pennsylvania medical malpractice cases (844) totalled $298,788,750 (average payment: $354,015).

Payments for West Virginia medical malpractice cases (173) totalled $18,772,100 (average payment: $108,509).

Payments for Tennessee medical malpractice cases (117) totalled $32,863,500 (average payment: $280,885).

Payments for New Jersey medical malpractice cases (479) totalled $188,105,000 (average payment: $392,704).

Payments for Ohio medical malpractice cases (260) totalled $79,164,600 (average payment: $304,479).

Payments for Oklahoma medical malpractice cases (122) totalled $39,562,000 (average payment: $324,279).

Payments for New Mexico medical malpractice cases (102) totalled $23,995,800 (average payment: $235,253).

Payments for Missouri medical malpractice cases (155) totalled $51,467,000 (average payment: $332,045).

Payments for Michigan medical malpractice cases (308) totalled $52,241,250 (average payment: $169,614).

Payments for Massachusetts medical malpractice cases (282) totalled $136,569,750 (average payment: $484,290).

Payments for Louisiana medical malpractice cases (304) totalled $52,156,500 (average payment: $171,567).

Payments for Kentucky medical malpractice cases (102) totalled $30,358,250 (average payment: $297,630).

Payments for Indiana medical malpractice cases (238) totalled $64,791,000 (average payment: $272,231).

Payments for Illinois medical malpractice cases (312) totalled $195,382,500 (average payment: $626,226).

Payments for Georgia medical malpractice cases (185) totalled $68,124,000 (average payment: $368,238).

Payments for Florida medical malpractice cases (838) totalled $233,141,300 (average payment: $278,212).

Payments for Connecticut medical malpractice cases (109) totalled $58,366,500 (average payment: $535,472).

Payments for Colorado medical malpractice cases (108) totalled $41,520,800 (average payment: $384,452).

Payments for California medical malpractice cases (909) totalled $187,183,800 (average payment: $205,923).

Payments for Arizona medical malpractice cases (168) totalled $49,965,250 (average payment: $297,412).

(Payments for Puerto Rico medical malpractice cases (289) totalled $14,114,300 (average payment: $48,838).)

Source

Whichever state you live in, if you are the victim of medical malpractice, visit our website to be connected with medical malpractice lawyers in your state who may be able to assist you with your medical malpractice claim. You may also contact us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook and Twitter as well!