South Carolina Complaint for Medical Malpractice regarding Diagnosis and Treatment

State:
Multi-State
Control #:
US-CMP-10041
Format:
Word; 
Rich Text
Instant download

Description

This is a model Complaint for damages caused by the negligence of a medical provider whose staff physician negligently failed to diagnose a common medical condition, resulting in severe mental and physical pain and unnecessary medical treatment, tests and associated expense over a period of months. The problem was later properly diagnosed and treated by a second provider. Damages are sought from the first provider. Adapt to fit the circumstances of your case. Care must be used to comply with the law and court rules for your state, because this is a model form.
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FAQ

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.

These elements, the ?4 Ds? of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause. If you suffered serious injuries due to a doctor or other healthcare professional's negligence, you could be entitled to compensation for your losses.

The ?4 D's? of medical negligence is a shorthand term that refers to the four legal elements you have to prove in order to win a medical malpractice lawsuit: (i) duty (ii) deviation from the standard of care (iii) damages, and (iv) direct causation.

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.

These elements, the ?4 Ds? of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause. If you suffered serious injuries due to a doctor or other healthcare professional's negligence, you could be entitled to compensation for your losses.

An incorrect diagnosis is not necessarily grounds for a medical malpractice suit. The plaintiff (that is-the patient) must be able to prove that the misdiagnosis was the result of incompetence of the doctor.

Compassion, Communication, Competence and Charting are the four C's of medical malpractice.

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.

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South Carolina Complaint for Medical Malpractice regarding Diagnosis and Treatment