Posted by McWhirterBellingerAttorney on March 15, 2012 under Medical Malpractice | 
Informed consent is your acknowledged understanding of certain aspects of a procedure or test. Sometimes this consent is in writing, at other times it is only a discussion between you and the healthcare professional.
Informed consent factors into medical malpractice only if a lack of your informed consent directly caused a resulting injury.
For example, suppose you were anesthetized and the surgeon performed an additional surgery you did not approve. If the additional surgery injured you in some way, you may be able to file a medical malpractice claim based on a lack of informed consent for the second surgery.
Before a physician proceeds with certain types of procedures or tests, the physician must make sure you understand:
- The associated risks and benefits
- The purpose of the procedure or test
- What will happen in the procedure or test
- Any reasonable alternatives
Informed consent recognizes that you are in control of any decision regarding your health and medical treatments. Without informed consent, you have not shown that you understand the elements of the procedure or test.
Sometimes consent is assumed. An example is a physical exam by your doctor; however, any type of invasive or risky procedure or treatment, such as surgery or anesthesia, requires your informed consent.
If you think you may have a medical malpractice claim in Orangeburg, Lexington, Camden, Newberry, Columbia or Sumter, South Carolina, please contact the experienced and knowledgeable injury lawyers at McWhirter, Bellinger & Associates to schedule a no-cost initial consultation.
Posted by McWhirterBellingerAttorney on March 8, 2012 under Medical Malpractice |
If you think you have been injured by medical malpractice, you should contact an attorney who is experienced in handling these types of claims. Proving negligence on the part of powerful individuals and corporations is difficult, and your attorney should be adept and aggressive in handling a claim of this complexity.
You may also need to collect any evidence you can. This evidence may include:
- Copies of medical records
- Names of people involved in your care
- Any evidence of how the injury has affected your life
- Any documentation relating to your injury or care
If you receive additional care for an injury that you think was caused by malpractice, be sure to save documentation regarding this care.
At McWhirter, Bellinger & Associates, our lawyers act quickly. We know that big medical corporations may also act quickly to manipulate information and protect their company and employees. Perhaps the most important thing you can do is contact our attorneys. We can begin our investigation of your claim immediately and provide information about how you should proceed.
If you think you have a medical malpractice claim in Camden, Sumter, Lexington, Newberry, Orangeburg or Columbia, South Carolina, please contact the experienced medical malpractice attorneys at McWhirter, Bellinger & Associates to schedule a free initial consultation.
Posted by McWhirterBellingerAttorney on March 1, 2012 under Medical Malpractice |
Proper medical care is often the difference between life and death. Healthcare professionals who are negligent in their duties can make devastating health conditions even worse. An act of medical malpractice can lead to death that could have been prevented but for the carelessness of others.
Common causes of medical malpractice resulting in wrongful death include:
- Surgical error
- Emergency room error
- Birth injury
- Misdiagnosis
- Failure to order appropriate testing
- Failure to diagnose a terminal disease or condition
- Failure to follow up on positive test results
Wrongful death is a death that can be directly attributed to the negligence of another person, organization, company or other entity.
Healthcare professionals have an especially important duty. Being responsible for preventative care and other life-saving duties, healthcare professionals who shirk their duties can cause the death of another person and change the stability of a family forever.
At McWhirter, Bellinger & Associates, our experienced medical malpractice attorneys can investigate the cause of your loved one’s death to determine if negligence was involved. We also have access to medical experts who can inform our investigation and aid in the presentation of your case.
If you think you may have lost a loved one to wrongful death in Orangeburg, Columbia, Lexington, Newberry or Camden, please contact the experienced South Carolina medical malpractice attorneys at McWhirter, Bellinger & Associates to schedule a free initial consultation.
Posted by McWhirterBellingerAttorney on February 23, 2012 under Medical Malpractice |
Due to advances in modern medicine, a cancer diagnosis is no longer synonymous with a death sentence. However, your chances of survival are largely dependent on the timing of your diagnosis. Early detection enables your doctors to begin treatment before the cancer spreads to other parts of your body. This not only increases your survival rate, but it also reduces the likelihood that you will need to undergo painful and expensive treatments such as chemotherapy, radiation treatment, or extensive surgery.
Unfortunately, when a doctor fails to properly diagnose your cancer, the reverse is true. You are placed at a greater likelihood of needing painful, severe treatment methods, and your chances of survival diminish exponentially. Failure to diagnose cancer constitutes negligence, and your doctor may be held liable for your damages in a medical malpractice lawsuit.
Common situations which may contribute to a misdiagnosis of your cancer include:
- Improperly conducted blood or tissue sampling
- Misreading lab results
- Failure to order appropriate tests based on the symptoms reported
- Breast lump, rectal bleeding, or pap smear is ignored
- X-ray, mammogram, MRI, or PSA test results are not properly interpreted
- Test results are not reported
- Patient is not referred to a proper specialist
Failure to diagnose cancer cases are very complicated. You will need to work with an attorney who has the knowledge and experience to evaluate your medical records to determine if your cancer should have been diagnosed at an earlier stage. Your lawyer must also work with medical experts who can testify that this delayed diagnosis negatively impacted your chances of survival or caused you to endure a more harsh treatment regimen.
The South Carolina medical malpractice lawyers at McWhirter, Bellinger & Associates have been handling cancer misdiagnosis cases for more than 30 years. We understand the complex medical principles involved in these cases, and we will fight aggressively to ensure you receive the compensation you deserve.
Please contact our medical malpractice attorneys today to schedule your free initial consultation. McWhirter, Bellinger & Associates serves clients in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.
Posted by McWhirterBellingerAttorney on February 20, 2012 under Medical Malpractice |
Very few events are more tragic than the suicide of a loved one. There are always unanswered questions, and it is often difficult to get a sense of closure. But can you legally hold someone responsible for your loved one’s suicide? In many cases, you cannot. However, there are some instances where medical professionals, particularly psychiatrists, can be held liable for the suicide of a patient.
Psychiatrists have the same obligations to their patients as other medical professionals. This includes the duty to provide a level of care commensurate with standards established by the medical profession. If it is determined that a psychiatrist’s care failed to meet these acceptable standards, it constitutes medical malpractice. In these instances, the psychiatrist can be held liable for damages associated with this negligent treatment.
Common actions which may indicate a psychiatrist is responsible for the suicide of your loved one include:
- Failure to properly identify suicidal tendencies
- Failure to take appropriate precautions to prevent suicide, including involuntary commitment to a mental health treatment center
- Prescribing medications which may increase the risk of suicidal tendencies
- Failure to inform parents or guardians of suicidal tendencies in minor patients
These medical malpractice cases are particularly difficult to prove. You will need the assistance of an experienced attorney who can identify the signs that the psychiatrist failed to take the proper steps to safeguard your loved one’s life. This will involve evaluating medical records and interviewing expert witnesses who can testify that your loved one’s suicide was in fact a wrongful death caused by the psychiatrist’s negligent care.
The attorneys at McWhirter, Bellinger & Associates understand that this is a very difficult time for you and your family. We will provide you with the compassionate, personalized representation you deserve in order to help you cope with this traumatic experience. While no amount of money can bring back your loved one, a successful outcome to your case may help prevent a similar incident from happening in the future.
Please contact McWhirter, Bellinger & Associates today to schedule your free initial consultation. We serve clients in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.
Posted by McWhirterBellingerAttorney on February 15, 2012 under Medical Malpractice |
Forced air warming is a technique used to prevent patients from developing hypothermia during surgery. One of the downsides of general anesthesia is that it prevents your body from properly regulating its temperature, increasing the risk of hypothermia. Forced air warming is one of the most commonly used methods counteract this unintended effect of anesthesia.
The forced air warming system uses a machine that draws in air from the operating room, heats it, and propels this air through a hose into a special blanket that covers the patient. Holes in the bottom of the blanket release the air onto the patient, providing the intended warming effect.
Unfortunately, there is growing evidence that forced air warming may place patients at greater risk of wound contamination. In order to maintain a sanitary surgical environment, many hospitals will use Laminar Flow ventilation systems which purify the air in the operating room. When used improperly, forced air warming systems can draw in dirty air from the operating room floor and transmit this contaminated air into the Laminar Flow system. This air is then sent down toward the surgical site, increasing your risk of serious infection.
Surgeons, nurses, and hospital staff have a responsibility to maintain a sanitary surgical environment. When a failure to properly use forced air warming systems results in contaminated air coming into contact with your surgical site, the negligent healthcare professional has committed medical malpractice. If you develop a surgical site error as a result of this negligence, you may be entitled to receive compensation for your damages.
The South Carolina medical malpractice lawyers at McWhirter, Bellinger & Associates have handled many cases involving improper use of forced air warming systems. We have the experience to carefully examine your medical records to determine if your injury was caused by medical malpractice. Our attorneys will fight aggressively to ensure that you receive the compensation you deserve.
Please contact our medical malpractice lawyers today to schedule your free initial consultation. McWhirter, Bellinger & Associates serves clients in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.
Posted by McWhirterBellingerAttorney on January 29, 2012 under Medical Malpractice |
According to the Centers for Disease Control and Prevention (CDC), approximately 10% of hospital patients will develop a hospital acquired infection. While some of these are due to an inherent risk associated with surgical procedures and not the fault of doctors and nurses, many of these hospital acquired infections are preventable. If you have suffered a hospital acquired infection due to an error committed by a doctor, nurse, or other healthcare professional, you may be entitled to receive compensation through a medical malpractice lawsuit.
There are many causes of preventable hospital acquired infections, including:
- Unsanitary conditions
- Failure to properly administer intravenous equipment
- Improper use of ventilators
- Improper care of a surgical site
- Failure to safeguard patients with weakened autoimmune systems
- Improper use of infection control
- Surgical errors
- Failure to wash hands before operating
- Failure to prescribe antibiotics
The South Carolina medical malpractice lawyers at McWhirter, Bellinger & Associates have been helping medical malpractice victims for more than 30 years. We have the skills and experience necessary to thoroughly review your medical records in order to determine if your infection was the result of negligence. If so, we will aggressively pursue your compensation to the fullest extent of the law.
Please contact McWhirter, Bellinger & Associates today to schedule your free initial consultation. We serve clients in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.
Posted by McWhirterBellingerAttorney on January 27, 2012 under Medication Errors |
Unfortunately, medication errors occur at an alarming rate. According to the National Coordinating Council for Medication Error Reporting and Prevention, approximately 1.3 million people suffer injuries due to medication errors every year. These mistakes constitute medical malpractice, and the negligent healthcare professional can be held liable for any damages you suffer.
Just about anyone who is involved in prescribing, dispensing, or administering medication can be held responsible for injuries caused by a medication error. This may include:
- Pharmacist
- Pharmacy
- Doctor
- Nurse
- Hospital
- Anesthesiologist
In some cases, the drug manufacturer may also be held liable in medication error claims. This most commonly occurs when the pharmaceutical company is negligent in placing the proper warning labels on their products.
It is also possible for more than one party to be held liable for your medication error injuries. For example, if a doctor writes down the wrong dosage on a prescription and the pharmacist fails to recognize that the prescribed dosage posed a danger to the patient, both the doctor and pharmacist may be held accountable for damages.
The South Carolina medical malpractice attorneys at McWhirter, Bellinger & Associates have been handling medication error claims for more than 30 years, and we have a strong understanding of the rules that apply to these complex cases. We will carefully examine the evidence in your case in order to determine the correct parties to hold accountable for your injuries.
Please contact our medical malpractice lawyers today to schedule your free initial consultation. McWhirter, Bellinger & Associates serves clients in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.
Posted by McWhirterBellingerAttorney on January 25, 2012 under Medical Malpractice |
When a medical malpractice victim dies due to the medical error, the victim’s family is entitled to receive compensation for their loss. The statutes that govern other types of wrongful death claims also apply when medical malpractice is involved.
In general, the only people eligible to receive benefits in medical malpractice wrongful death cases are:
- The victim’s spouse
- The victim’s children
However, in some instances the victim’s parents may also be permitted to file a claim. This generally occurs in cases where the victim is a child, or when the victim did not have a surviving spouse and children.
Damages awarded in medical malpractice claims may include:
- Medical expenses
- Funeral costs
- Pain and suffering
- Lost future income
- Loss of inheritance
- Loss of consortium
- Loss of companionship
The attorneys at McWhirter, Bellinger & Associates understand that this a very difficult time in your life. While no amount of money can truly compensate you for the loss of your loved one, it can help you get through a difficult financial time and ensure that your family is provided for down the road. Our attorneys have been helping wrongful death victims throughout South Carolina for more than 30 years. We will provide you with compassionate, highly personalized representation in order to make sure that your rights are aggressively protected every step of the way.
Please contact our McWhirter, Bellinger & Associates today to schedule your free initial consultation. We serve clients in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.
Posted by McWhirterBellingerAttorney on December 23, 2011 under Medical Malpractice, Pain and Suffering |
There are generally two components to your damage award in a medical malpractice claim – economic and non-economic damages. The economic damages are relatively easy to calculate and consist of:
- Medical bills
- Rehabilitation costs
- Medication costs
- Lost wages
You will generally have receipts to document the monetary value of these damages. As a result, there should be very little debate over this dollar amount.
Non-economic damages, on the other hand, are much more complicated to place a value on. They consist of:
- Pain and suffering
- Physical disfigurement
- Emotional distress
- Loss of consortium
- Diminished quality of life
Clearly, determining a dollar figure to represent these damages is much more subjective. You cannot present a receipt itemizing the cost of your pain and suffering. Therefore, you will need the help of a skilled medical malpractice attorney to help you receive a fair settlement for these damages.
Often, a good starting point for calculating your pain and suffering is to multiply the amount of your economic damages by a single digit multiplier. The number used as a multiplier generally varies based on the following factors:
- The circumstances surrounding your accident
- The nature of your injuries and their impact on your life
- Jury awards in similar cases
There are certain instances where a single digit multiplier is not sufficient to compensate you for your pain and suffering. In instances where a medical error results in severe, life-altering injuries, you may be entitled to a substantially larger damage award for your pain and suffering. It will be up to your lawyer to either skillfully negotiate this value with the negligent doctor’s insurance company or demonstrate the severity of your pain to a jury.
The lawyers at McWhirter, Bellinger & Associates have been handling medical malpractice cases for more than 30 years. We have extensive experience calculating the value of non-economic damages, and we will fight aggressively to ensure that you receive fair value for your pain and suffering.
Please contact our medical malpractice lawyers today to schedule your free initial consultation. McWhirter, Bellinger & Associates serves clients in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.
