Treatment and Medication Errors
Negligent testing, treatment, and medication errors can also prove deadly. Any of these may be possible causes of wrongful death in certain circumstances:
- Lack of proper medical testing
- Misreading or misinterpretation of test results
- Mistakes during surgical procedures
- Infections from unsanitary conditions
- Unnecessary surgery
- Complications from improper use of anesthesia
- Incorrect prescription or dosage
- Poor or lack of follow-up care
- Premature discharge from medical care
- Ignoring patient history
Equipment Failures and Malfunctions
There are times when medical equipment may fail or malfunction. This could be due to a lack of maintenance or other issues. For example, an IV drip administering the incorrect dosage could prove fatal.
Incorrect Diagnosis
Misdiagnosis is another glaring example of medical malpractice that may lead to a wrongful death. A health care provider is responsible for providing the right diagnosis to their patient to the best of their ability, and following through with accurate testing and treatment. An incorrect diagnosis may lead to improper treatment or a lack of treatment altogether. A delayed diagnosis can have similarly devastating effects.
Clerical or Staffing Errors
Doctors and hospitals are often at the center of medical malpractice cases. But, other factors and staff can be equally implicated in a South Carolina wrongful death lawsuit. Examples at a staffing and organizational level may include:
- Incorrect patient information
- Lack of proper patient consent
- Providing the patient with poor information
- Documentation errors
- Lost documents and medical records
- Insufficient documentation policies
- Inadequate staff training
Understanding the Legal Process and Possible Challenges
Generally speaking, wrongful death lawsuits in South Carolina have the same statute of limitations as personal injury cases. Family members must file legal action within three years of the incident. It’s imperative to consult with a wrongful death attorney who can advise you on how best to proceed.
Choosing the Personal Representative
One of the first steps is for a personal representative to act on the deceased’s behalf to file a lawsuit. The most common candidates are:
- The spouse of the deceased
- The person named in the will
- Other family members
- Other named heirs of the estate
The family must agree on this personal representative before proceeding with any legal action.
Proving Liability
Just because someone passed away under a doctor's or hospital's medical care doesn’t mean they’re legally liable for wrongful death. Plaintiffs must work with their attorneys to prove liability and negligence with compelling evidence, demonstrating that the hospital, medical staff, or doctor is to blame directly for the death of their loved one.
South Carolina law outlines emergency exceptions. It states that no physician may be held liable unless they’re proven to be grossly negligent. This exception is also usually applicable when there’s no previous doctor-patient relationship, or a patient isn’t medically stable and in immediate threat of death or serious bodily injury.
Negotiating for Settlement
While no amount of money adequately compensates for the loss of a loved one, surviving family members can seek fair compensation for harm and negligence. Your skilled legal team at Pracht Injury Lawyers assesses the value of economic and non-economic damages and negotiates a fair settlement.
Potential Wrongful Death Compensation
Many of the damages that plaintiffs may seek in a medical malpractice wrongful death case are similar to personal injury cases including, but not limited to:
- Medical bills
- Funeral expenses
- Burial expenses
- Lost income while still alive
- Loss of future earnings and benefits
- Other medication and treatment costs
Economic damages can be especially profound if the deceased loved one was the primary breadwinner for the family. With their passing, the family loses significant financial security.
Non-Economic Damages for Wrongful Death
Survivors may also recover non-economic damages for their emotional and psychological impact, such as:
- Loss of consortium
- Loss of enjoyment of life
- Mental and emotional anguish
The medical malpractice lawsuit may also include the pain and suffering of the patient before their passing.
Punitive Damages
The South Carolina Code of Laws Section 15-32-220 places a cap on punitive damages. Generally, the punitive cap is greater than three times the actual damages or $500,000. For example, if economic and non-economic damages add up to $100,000, punitive damages may be up to $300,000. But, if actual damages are $250,000, the maximum punitive damages are $500,000.
The punitive damages limit can increase to $2,000,000 or four times the actual damages if the defendant:
- Acted primarily out of greed
- Was unreasonably dangerous in their actions
- Has the approval of a supervisor or high-ranking employee
A court might also award unlimited punitive damages if the defendant:
- Was under the influence of drugs or alcohol
- Intended to cause harm
- Is convicted of a felony for the act that caused the wrongful death
The Importance of Hiring a Wrongful Death Attorney
It’s imperative to obtain legal counsel right away. Christopher Pracht has years of experience as a wrongful death lawyer, helping grieving families seek closure during a difficult time. He’s open to accepting cases in both South Carolina and out-of-state, such as when a South Carolina resident seeks medical treatment elsewhere. Our firm works diligently to hold health care providers responsible for your unfortunate loss and deliver them to justice.
