Frequently Asked Questions
Time Limitations
1. My doctor treated me, and I did not get a good result, can I successfully sue the doctor?
Not unless you can prove that the doctor was negligent and that his negligence has injured you. Obtaining a bad result does not automatically entitle you to compensation.
2. Is it true that in South Carolina, one doctor will not testify against another?
It is a rare occurrence in this state when a South Carolina doctor testifies that another South Carolina doctor committed malpractice.
3. Do I have to have a doctor who will testify that my treating doctor was negligent?
Yes, in most cases. There are some exceptions such as when a surgeon engaged to remove a diseased kidney, removes the healthy one. In that case, you may not need an expert doctor.
4. If my doctor has been negligent, will he pay my medical bills?
Probably not. In most medical malpractice cases, the doctors and insurance companies refuse to pay anything unless made to do so by a jury. Moreover, it is rare that the insurance company will even discuss settlement in your case.
5. But what if the negligence is clear cut?
It typically does not matter, the insurance company will rarely settle the case.
6. If I believe I have been injured as a result of medical negligence, should I hire a lawyer?
Without a lawyer skilled in the handling of medical malpractice cases, it is very unlikely you will receive any compensation for your losses.
7. How can I determine which lawyers are skilled in the handling of malpractice cases?
Whenever you speak with a lawyer about your case ask him if he will be handling the case or will he bring in another lawyer to actually handle it. Ask the lawyer how many cases he has handled and how much of his practice emphasizes medical malpractice work. Ask the lawyer if he has received an "AV" rating from Martindale-Hubbell.
