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Do you have a medical malpractice case?

When you go to any physician, you expect a certain level of care so you may get well in peace. In fact, by law, physicians must perform at a professional level in accordance with their occupation. Unfortunately, not all caretakers uphold those laws.

Thankfully, if a physician's care caused you undue harm, you may be able to seek compensation. If you are considering a medical malpractice case, take some time to research and understand what constitutes such a claim.

Medical malpractice

In short, medical malpractice is when a physician is not providing a proper level of professional care. To prove this, a patient must show that the physician was either negligent or providing substandard care that does not meet the expectations of reasonable care by such care provider. The South Carolina code of laws section 15-79-110 denotes the different types of physicians, as well as the proceedings for such a case.


A bad or unexpected outcome to treatment does not automatically prove medical malpractice. There are some key pieces of evidence that you will want to gather, including:

  • Medical records from your physician
  • Medical records from the hospital (if applicable)
  • Expert witness testimony

Some of these things you may be able to obtain by yourself, as well as other supporting evidence. However, an attorney may be helpful in gaining access to certain information or key individuals.


Individuals filling the claim for themselves may seek recompense for medical bills and missed work, amongst other claims. If the malpractice resulted in the individual passing, the family may seek payment for the loss of the family member's life, pain and suffering, and even loss of quality of life.

A medical malpractice claim is a serious case, and you must treat it as such. If you or a loved one faces the consequences of improper care, take some time to fully understand how a malpractice case can benefit your situation.

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Wilson & Luginbill, LLCAttorneys at Law

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