medical professionals surrounding a patient needing oxygen

Medical Malpractice

Leading Medical Malpractice Attorney in South Carolina

We value our role as patient advocates for persons injured by medical malpractice.

Some 250,000 people in America are the victims of medical malpractice every year.

Medical Malpractice is a broad term in South Carolina law and involves all areas of healthcare. Malpractice can include physician and nursing errors, radiologists’ omissions, misdiagnosis, under-staffing, missing or incorrect charts and records.

Types of Medical Malpractice

  • Failure to diagnose and treat in a timely manner (cancer, multiple sclerosis, etc.)
  • Failure to recognize patient distress, rapid falling O2 saturation, internal bleeding, etc.
  • Surgical injuries
  • Anesthesia injuries
  • Birth injuries to mother or child
  • Loss of Last Chance

As patient advocates and lawyers, we bring into the courtroom both a sense of caring and the evidence needed to move jurors to award large verdicts.

In South Carolina, a variety of health care providers can be named in a malpractice claim: including not only physicians and surgeons but also nurses, dentists, chiropractors and other similarly licensed healthcare workers as well as specialty and healthcare practices, hospitals, associations, partnerships, or other legal entities.

A person injured by a physician, nurse, or hospital must prove provider’s medical care fell below generally accepted standards, practices, and procedures exercised by competent healthcare providers and that the providers’ negligence caused the injury.

The J. Davis Law Firm has recovered millions of dollars for our clients in medical malpractice pre-suit mediation and in litigation. We have represented patients who suffered severe life-changing injuries or death caused by medical misdiagnoses, nursing errors or being left unattended and in distress.

Contact us to discuss whether an autopsy is needed in the case of suspected wrongful death.

What You Should Know

Physicians have a duty when examining a patient’s complaint to exclude “worst first” – that is to rule out the worst possible ailment by conducting differential diagnosis to reach the proper diagnosis. By intentionally listening to your medical experience, and examining your medical records, charts and diagnostic test results, and apply medical standards, we are able to pin-point medical malpractice and develop the evidence needed to win your case.

In order to initiate a legal claim of injury or death as a result of medical malpractice, the plaintiff has to first file a Notice of Intent to File Suit with an affidavit (or sworn statement) of an expert witness, subject to requirements dictated by South Carolina law.

Our firm maintains close professional relationships and routinely engages medical experts in pathology, neurology, nursing, orthopedics, obstetrics and gynecology who are an invaluable resource in our injury, medical malpractice and wrongful death cases. Experience, preparation and a well-assembled expert team are essential to prosecute these very serious cases.

We look forward to working with you through this process.

Why Choose Us?

When you choose Jim Davis P.C. to handle your case, you will work with a law firm that has experience, skill and resources to prosecute your claims.

medical professionals in consultation over medical file

How Does a Medical Malpractice Claim Work?

To prevail in a cause of action against a defendant for medical malpractice, the plaintiff must prove these three essential elements by the greater weight or preponderance of the evidence:

  1. that the care giver was negligent in one or more of the particulars alleged in the complaint;
  2. that the plaintiff was damaged in his person;
  3. that the care giver’s negligence in one or more of the particulars alleged in the complaint was the proximate cause of these damages.

The failure by a physician [cardiologist, dermatologist, surgeon, etc.] to exercise that degree of care and skill which is ordinarily employed by physicians under similar conditions, and in like surrounding circumstances constitutes medical malpractice.

The J. Davis Law Firm is committed to civility in law.

Private consultation

Located at 234 Seven Farms Drive, Suite 211B, Daniel Island, SC 29492

Private consultation

Located at 234 Seven Farms Drive
Suite 211B, Daniel Island, SC 29492