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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. |