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South Carolina Medical Malpractice Questions & Answers
0 Answers | Asked in Medical Malpractice for South Carolina on
Q: My mom had a thoracic tumor removed and was sent home. They did not tell me she was paralysed or incontinent.

They also sent her home with a wound in another area. Her discharge record stated she was fine. The wound has gotten far worse. They never tested it and no one called her back. She is now on hospice. Before surgery she had 4 years. What do we do?

0 Answers | Asked in Health Care Law and Medical Malpractice for South Carolina on
Q: Dr not refilling a medication in an emergency situation

Been calling since Monday because I was going out of town to have my prescriptions sent to the area where I am. Been given the run around Since Tuesday. Then today (Friday) at 4:00 I was told that the prescription was sent but to my pharmacy at home and that my dr had left left for today so there... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: It’s been 4 years since my surgery and l am now seeing complications from it is it to late to sue for malpractice

The dr removed my left adrenal gland and in the process she injured my left kidney which is now not working normally l will now have life long issue with it l also have trauma from the surgery it went bad from the start I am just now seeing the mistakes she made

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

Malpractice statutes of limitations often do not begin to run until discovery (or should have discovered), with a cap of time. You should consult with experienced medical malpractice attorneys in the state where this occurred who can review the facts of your particular case and determine if you... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: yearly exam to my OB doctor. She said I had a cyst on my ovary so we’re gonna do a hysterectomy I go for follow up and

She Said oh the cyst was not on your ovary. It was on your colon, so why did you give me a full hysterectomy if it was on my colon. I didn’t need to get a hysterectomy. I was fine. She saw a cyst at the exam. She said she was going to do a hysterectomy. She did the hysterectomy and it was not on... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 20, 2023

A doctor, on review the records, would need to inform us if it was negligence to not know the location of the cyst prior to the surgery. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors... View More

Q: Can I get royalty from my name being on a patent for heart surgical clamps invented specifically for my heart surgery?
James L. Arrasmith
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answered on Jul 10, 2023

Having your name on a patent does not automatically guarantee you royalty payments. The rights and compensation associated with a patent are typically determined by agreements made between the inventors and relevant parties. To assess your potential for royalty claims, it's important to review... View More

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1 Answer | Asked in Medical Malpractice and Civil Rights for South Carolina on
Q: My primary care provider asked me why am I donating plasma, I answered because of financial reasons. After the fact

I felt like my privacy was violated. It was none of her concern whether or not I'm doing it to Save a Life or for financial reasons. I had to go there because the Plasma Place needed my primary care physician needed to type up a letter saying what medication I am on and whether or not they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

You voluntarily responded to your PCP, so no privacy invasion, or HIPPA- which is improper disclosure to third persons. Malpractice? Probably not. Even if it was one of these violations, you probably do not have any significant damages that would be recognized as compensable in a Court of law. This... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for South Carolina on
Q: My father died Jan 10, 2020 in Vanderbilt Hospital where he was sent by the VA in Columbia, SC for a stem cell treatment

he died from nasal cavaty cleaning that went to far and hit his brain he bled out and died.

Joel Gary Selik
Joel Gary Selik
answered on Apr 13, 2023

Not all bad results are malpractice, the health care provider must have acted below the standard of care. What you describe does sound like malpractice but a doctor would have to confirm the breach of the standard of care. Consult with experienced medical malpractice attorneys in your state.

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: Would I have a claim of malpractice I had surgery and a day later I fell in the shower at the hospital

The nurse said I needed to get up and take a shower I didn't want to but she said I had to. She turned on the water didn't assist me but left me to go make up my bed. I fell in the shower, when I woke up three other nurses were giving me smelling stuff. They did blood work and ekg. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 3, 2023

If this occurred 5 years ago, it may be beyond the time limit to sue. Consult with an experienced medical malpractice attorney in your state.

What the nurse did might have been below the standard of care, depending on your condition--another health care provider would have to give your...
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1 Answer | Asked in Wrongful Death and Medical Malpractice for South Carolina on
Q: How long are blood and tissue samples saved in SC for the purpose of lawsuit? Who can obtain them!?

I have contacted an attorney, sent a summary and outline to them medical records and the autopsy and haven’t heard back about if they’ll take the case or not. My mother died December 18th. Failed to diagnose or biopsy tissue. They cancelled her appt in October saying they saw no reason that the... View More

Roy Willey
Roy Willey
answered on Feb 13, 2023

First, let me express my sincerest condolences on the loss of your mother under such unexpected circumstances. I am so sorry to hear the tragedy you are experiencing.

Second, with respect to your specific question the answer is that it depends. Everything should be documented in the...
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1 Answer | Asked in Medical Malpractice for South Carolina on
Q: If doctor give you medicine you don't need, before taking stress test. Do you have case against that doctor.

The medicine would have increase my heart rate, and to much potassium would have damage my heart. I felt at my heart was beating to fast.I thought it supposed do that. I had taken 1 of those pills.

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2022

A South Carolina attorney could advise best, but your question remains open for five weeks. No one here could answer your question as to whether you have a case. A doctor would need to evaluate the impact of what you suffered as a result of taking the medicine you mention.

You could reach...
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1 Answer | Asked in Health Care Law and Medical Malpractice for South Carolina on
Q: I believe my mother is being neglected in a physical rehab hospital. Is it legal to record her overnight?

My Mother's medical proxy gave their permission. They have no signs prohibiting camera usage. They also have had many patient complaints about staff members. What can I do?

Roy Willey
Roy Willey
answered on Apr 4, 2022

There is nothing prohibiting that if your mother agrees.

1 Answer | Asked in Medical Malpractice for South Carolina on
Q: My surgeon cut my liver during surgery about 2 weeks ago and I went back and Saw him yesterday will this affect my case?
Tim Akpinar
Tim Akpinar
answered on Jan 10, 2021

A South Carolina attorney could advise best, but your question remains open for five weeks. It could depend on the nature of the follow-up visits - in SOME jurisdictions, it might have relevance in terms of the continuing treatment doctrine, among other possible considerations. A South Carolina... View More

1 Answer | Asked in Medical Malpractice and Workers' Compensation for South Carolina on
Q: I hernitated my l4-l5 disc back in 2017 ended up doing a ton of pt and 2 minor 1 major back surgery later and I have

I injured my back at work in 2017 and had tons of pt I ended up having 2 minor and 1 major back surgery. I now have permanent severe nerve damage and constant pain. I have lost some use of my leg and have foot drop. I started out with a hernitated disc. I don't believe my lawyer is getting the... View More

Alton Lamar Martin Jr
Alton Lamar Martin Jr
answered on Mar 6, 2020

I am sorry to hear about your difficulties. You should contact your attorney and have a very frank conversation. Let them know you are concerned about the legal representation you are receiving. Tell them that you are concerned about the amount of the recovery and the affect your injuries have... View More

1 Answer | Asked in Medical Malpractice for South Carolina on
Q: Nurse does not return calls, call in medication timely, nor completes referrals, then lies to you. What can be done?

I have a date list from Jan 2 of each time I have had interaction, what she said susue would do, and how long it actually took. I have a chronic illness and she is not an advocate for my health.

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2019

You could look into a different staffing organization. That's a personal decision you don't need a lawyer to make - the choice is yours. There could be any number of reasons for the problems you describe, but the bottom line is that you have to feel comfortable with the person caring for... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Q: your primary Dr knew for 3 years that you had Chronic kidney disease, and never treated or told you .

You found out during a routine colonoscopy. After which you question your doctor about CKD3. Asked if you should see a nephrologist, and they said no; because you don’t have it.

Then you got your Gastrologist to refer you to a nephrologist...and they confirmed In fact that you do have... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 21, 2018

A lot depends on if it would have made a difference. Contact attorney Carl Jacobson in Charleson. He gives free consults. Tell him I suggested you call.

1 Answer | Asked in Personal Injury and Medical Malpractice for South Carolina on
Q: My Physician Patient Relationship was terminated. How long do I have to requested a referral?

I've had severe complications with 3/back surgeries. (2014-2017) My Neurosurgeon terminated our relationship, and now won't issue a referral for my continued care. I was told to contact my PCP,and they weren't the physician that referred me to my Neurosurgeon to begin with

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

Contact whateverPCP you have now. A suggestion--don't be hypercritical of the neurosurgeon. You don't want a reputation as a "difficult patient."

1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for South Carolina on
Q: My lawyer filed a voluntarily dismissal of my complaint w/o explanation and is avoiding my calls. What should I do?

The case was prosecuted in 2013 and was allegedly headed to mediation a few months ago. Case was strong. Depositions have been conducted this year, the claim has passed initial reviews and survived - we were looking at trial soon. Now the dismissal was voluntarily filed with the clerk without... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

Call the attorney's secretary,explain that you want a meeting, and if you don't receive that you will have no option other than to file a complaint with the bar.

1 Answer | Asked in Medical Malpractice and Wrongful Death for South Carolina on
Q: My mother passed away recently- I would like a lawyer to let me know if her meds were to blame- I have made a list

calcium acetate, clonidine, sensipar, lisinopril, atorvastatin, olmesartan, premarin, zetia, ranitidine, doxazosin mesylate, metoprolol, metoclopramide, benicar, amlodipine besylate, isosorbide mononitra, sodium bicarbonate, fosrenol, warfarin sodium, moxiflaxacin hcl, losartan potassium,... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

No one could tell that without being a doctor, seeing the autopsy report, seeing ALL of her medical records. For starters, why not consult a member of the S.C. Assn for Justice--they give free consultations.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Q: Do we have a case?

My dad went to the hospital for his edema because it caused him to miss work. While at the hospital, they only focused on his high blood pressure and high heart rate, and once it was under control they sent him home with a mild diuretic that didn't help(he still had a lot of fluid on his... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

Contact a member of the SC Trial Lawyers Assn like Chuck Jacobson in Charleston,as they give free consultations.

1 Answer | Asked in Medical Malpractice for South Carolina on
Q: I had my first surgery on my left elbow in October 2014 I had carpal tunnel i gotta have another surgery whats my rights

I feel like the doctor didn't do right the first place cause I was still having problem my pain have got worster my whole left arm and hand is so weak the pain will go up into my neck and shoulder and I'm trying to work but it hard

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

Depends on the reason for the second surgery. No surgery has guarantees--on the contrary, you sign a list of horrible outcomes that could happen, including nerve damage, paralysis, pain syndrome etc. Contact a member of the SC Assn for Justice--they give free consults.

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