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While negligence and subsequent injury are necessary factors for a legally valid medical malpractice claim, their mere presence alone is not sufficient for a compensable claim. South Carolina medical malpractice law requires the injured patient to also prove causation between the negligence and the subsequent injury.
The 4 C's of medical malpractice refer to the key components of a claim: competence, communication, compassion, and consent.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Health Facility Complaints If you are unable to submit your health facility complaint online, you can call our office at (803) 545-4370 or 1-800-922-6735 and indicate you wish to file a complaint against a health facility or service.
Lawyers sometimes refer to the proof required to bring a successful medical malpractice claim as the ?four Ds?: Duty, Deviation (or Dereliction) from Duty, Damages and Direct Cause.
There are many common surgical errors. They include cutting a nerve during the surgery, making an anesthesia error, cutting the wrong location, operating on the wrong body part, or leaving a sponge or instrument inside the body.
5 Common Medical Errors That Lead To Medical Malpractice Claims Misdiagnosis And Failure To Diagnose. ing to CBS News, approximately 12 million people who receive outpatient care are victims of some form a misdiagnosis each year. ... Prescription Errors. ... Surgical Errors. ... Anesthesia Errors. ... Childbirth Errors.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.