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South Carolina Medical Malpractice Questions & Answers

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 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 you and... Read 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... Read more »

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 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 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,... Read more »

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, 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... Read more »

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 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 legs). A... Read more »

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 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.

1 Answer | Asked in Medical Malpractice for South Carolina on

Q: How do I find a medical malpractice lawyer? Knee Replacement?

The same knee had to be redone twice in 18 months.

Peter N. Munsing answered on May 23, 2017

Not necessarily malpractice,but why not call Carl Jacobson in Charleston. Tell him I suggested you call.

1 Answer | Asked in Medical Malpractice for South Carolina on

Q: I would like to know if I have rights to sue.

I had surgery on my breast due to having to have a lump removed. The only thing I was made aware of is that the entry of the wound would be hard for awhile. I know have a big indention there that looks horrible. I wouldn't be going in trying to cash out lots of money, I'm only looking to get enough... Read more »

Peter N. Munsing answered on Nov 4, 2016

Difficult to say and suggest you contact a member of the SC Trial lawyers Assn--they give free consultations. Generally, it has to be shown that what happened was due to the doctor not following accepted procedures. A bad result doesn't mean malpractice. It would make sense to see a plastic surgeon... Read more »

1 Answer | Asked in Medical Malpractice and Health Care Law for South Carolina on

Q: Is a chiropractor legally allowed to be a medical sponsor for micropimentation(permanent makeup)services?

Does the chiropractor have to be present while the service is being performed?

Peter N. Munsing answered on Oct 17, 2016

Depends on the states licensing, and if it is determined to be a medical procedure. Sounds like the person would be better off getting any such process from a dermatologist who is an MD.

1 Answer | Asked in Health Care Law and Medical Malpractice for South Carolina on

Q: Can I sue someone if my wife has cancer

My wife is only 40 and has a very large cancer tumor on her vocal cord she's a smoker. We don't know if it's spread yet

Peter N. Munsing answered on Sep 28, 2016

You should consult Ron Motley's firm--give them my name. They can best advise you.

2 Answers | Asked in Business Formation, Medical Malpractice and Products Liability for South Carolina on

Q: I am a Paramedic in SC. I want to start my own business selling 1st aid kits. Any liability if I include medications?

John Roland Lund answered on Sep 25, 2016

Dispensing medication is highly regulated as you likely understand. If you are thinking about including things like prepackaged ibuprofen or other OTC medicines and you provide them in packaging containing all of the manufacturer's labeling and warnings, then I think you'd be in fairly safe... Read more »

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1 Answer | Asked in Medical Malpractice for South Carolina on

Q: Is this a good thing or a bad thing?

I have been going through the process of opening a malpractice suit and my paralegal sent me an email that says, my lawyer has spoken with 3 experts and that this is a very complex matter and that he and his legal nurse are going to try to do their final evaluation next week and will let me know.... Read more »

Peter N. Munsing answered on Aug 25, 2016

Means they care enough to spend money but that it's not so clear that they can do it with one expert.Nearly all Medical cases are complex. Comes with the territory.

1 Answer | Asked in Medical Malpractice and Health Care Law for South Carolina on

Q: Can your medical provider not write down your questions or concern leaving you no account from your injury

Adam Studnicki answered on Feb 16, 2016

Different doctors take notes differently. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible...
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1 Answer | Asked in Medical Malpractice for South Carolina on

Q: Do I need to answer a motion to dismiss a small claims court case in South Carolina?

I filed a small claims suit against a doctor for malpractice in SC. His attorney filed a motion to dismiss on the grounds of Rules 12(b)(1), 12(b)(4) and 12(b)(6). and That I failed to state facts sufficient to constitute a case of action. In addition the court doesn't have jurisdiction over the... Read more »

Adam Studnicki answered on Nov 16, 2015

Generally speaking, it's a good idea to respond go motions.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
Read more »

1 Answer | Asked in Medical Malpractice for South Carolina on

Q: Do I need to answer a motion to dismiss a small claims court case in South Carolina?

I filed a small claims suit against a doctor for malpractice in SC. His attorney filed a motion to dismiss on the grounds of Rules 12(b)(1), 12(b)(4) and 12(b)(6). and That I failed to state facts sufficient to constitute a case of action. In addition the court doesn't have jurisdiction over the... Read more »

Adam Studnicki answered on Nov 16, 2015

Generally speaking, it's a good idea to respond to motions.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
Read more »

1 Answer | Asked in Medical Malpractice for South Carolina on

Q: there 8s s class action lawsuit whereas my husband file is being use. Can i start a individual lawsuit on my own?n

It was reguarding the Kidney Dialyis lawuit reguarding Neutra Flo.

Adam Studnicki answered on Aug 20, 2015

More information is needed. If you lawsuit is derivative of his, then maybe not, but check with a local injury lawyer to be sure.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education...
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1 Answer | Asked in Medical Malpractice for South Carolina on

Q: Can we sue for medical malpractice against a psychologist in NC from SC?

Evan Guthrie answered on Nov 13, 2011

Yes. If there are proper grounds for an action. Contact an attorney on NC where the alleged malpractice happened.

Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at http://www.ekglaw.com . Evan Guthrie Law Firm 164...
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