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Should I Sue My Doctor?

Carolina Law Group > Blog  > Should I Sue My Doctor?

Should I Sue My Doctor?

Winning a medical malpractice lawsuit is not easy. That said, there are times when suing your doctor makes sense.

Whether or not to sue your doctor for malpractice depends on two main factors:

  1. Do you have a solid case against your doctor?
  2. Will the payout be worth the time, effort and expense of a lawsuit for you and your attorneys?

Let’s look at each of these in turn.


Nihar Patel, Attorney & Partner of the Carolina Law Group in Greenville, SC.

Nihar Patel, Attorney & Partner of the Carolina Law Group in Greenville, SC.

Do You Have A Solid Case Against Your Doctor?

To find out, it helps to start with the definition of medical malpractice according to South Carolina law:

“Medical malpractice” means doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.

In other words, if your doctor was acting within the normal standard of care – that is, giving care that another doctor of similar training in similar circumstances would have provided – it’s not considered medical malpractice. He or she must have been acting below the normal standard of care in order for it to be considered medical malpractice. Unfortunately, this means that if your doctor made a tragic mistake while acting within the normal standard of care, you may not have a medical malpractice case.

Without the help of experts, it’s extremely difficult to know whether you have a solid case. That’s why it’s imperative to speak to an attorney if you’re considering suing your doctor.


Is Suing Your Doctor Worth It?

Before you’re allowed to file a medical malpractice suit in South Carolina, the state requires you to go through mediation with the parties named (i.e., your doctor) to try to settle matters out of court first. That’s because litigation is expensive, time-consuming and complicated. You and your attorneys have to believe that it’s really going to be worth it to pursue the claim.

If you end up winning your case, you could be entitled to the following types of compensation:
• Associated medical expenses
• Lost wages and compensation for lost earning capacity
• Pain and suffering
• Emotional distress
• Punitive damages

Whether it’s “worth it” to sue may depend on how much money you could expect to receive upon winning. If you don’t expect to win much for lost wages, say because you work part time or you don’t work at all, that may affect whether or not it makes sense to move forward with a lawsuit. A lawyer may be reluctant to take on such a case, too, as the compensation may not cover expenses in the end.


Speak To An Attorney About Your Medical Malpractice Case

The first step is to speak to an attorney with experience in personal injury law and medical malpractice cases. The attorneys at the Carolina Law Group offer a free, no-obligation consultation and are just a phone call away. Contact us today.

Carolina Law Group Attorneys | Greenville, SC

Carolina Law Group Attorneys | Greenville, SC

Greenville Office
864.312.4444
910 E Washington St
Greenville, SC 29601

Greer Office
864.757.5555
210 W. Poinsett St.
Greer, SC 29650

West Greenville Office
864.312.4444
6304 White Horse Road, Suite B-6
Greenville, SC 29601

Spartanburg Office
7612 Asheville Hwy
Spartanburg, SC 29303

About 

Mr. Patel worked for the Greenville County Public Defender’s Office in 2005 after graduating from law school. While there, Mr. Patel handled thousands of cases ranging from low-level misdemeanors to high-profile murders. In March 2011, Mr. Patel and Mr. Desai formed The Carolina Law Group. Mr. Patel practices in the areas of criminal defense, family law, and personal injury. In 2011, Mr. Patel was elected as the President of the Greenville Criminal Defense Lawyers Association (GACDL).

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