Greenville Medical Malpractice Attorney
Representing Claimants Injured By Medical Negligence
A medical error can leave a patient facing additional treatment, permanent complications, lost income, or questions about whether the harm could have been prevented. When that happens, determining whether a doctor, hospital, nurse, or other healthcare provider was negligent requires a careful review of both the medical evidence and the standard of care that applied.
At Mooneyham Berry, our Greenville medical malpractice attorneys represent patients and families harmed by medical negligence. Our attorneys bring decades of litigation experience to complex injury cases, including experience both pursuing medical negligence claims and defending healthcare providers. If you believe a medical mistake caused serious harm to you or someone you love, contact our Greenville office to discuss what happened.
Medical Negligence vs. Medical Malpractice
Medical negligence and medical malpractice are closely related, and patients often use the terms interchangeably. Both involve whether a healthcare provider meets the appropriate standard of care.
Medical negligence occurs when a provider's actions or omissions fall below that standard. However, negligence alone does not necessarily support a medical malpractice claim. We also need evidence that the provider's failure causes an injury and resulting damages.
For example, a physician may fail to order a test that another reasonably careful physician would order. If that decision causes a harmful delay in diagnosis or treatment, the patient may have grounds for a malpractice claim.
Not every poor medical outcome results from negligence. Some complications occur even when physicians, nurses, and other providers deliver appropriate care. Our medical malpractice attorneys review the records and circumstances to determine whether the care falls below the applicable standard.
Qualified medical experts often play an important role in that evaluation. They can assess the care provided and help determine whether medical negligence contributes to the patient's injury.
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Common Types Of Medical Malpractice Claims
We have represented clients across a wide range of medical negligence claims, and the facility, provider type, and injury involved can vary significantly from one case to the next. Medical malpractice can occur across virtually every area of healthcare. Claims our attorneys handle include:
- Surgical errors, including wrong-site surgery, retained instruments, and avoidable complications during procedures
- Misdiagnosis and delayed diagnosis of serious conditions, including cancer and cardiac events
- Birth injury and obstetric negligence affecting mother or baby
- Anesthesia errors and medication mistakes, including incorrect dosing or dangerous drug interactions
- Hospital and nursing negligence, including failures to monitor patients, respond to changes in condition, or follow appropriate treatment protocols
- Emergency room negligence, including failure to recognize a time-sensitive condition
We investigate medical malpractice claims by looking beyond the outcome itself. We review medical records, imaging, lab results, monitoring data, and other evidence surrounding the patient's care. When needed, we work with qualified medical experts to evaluate whether a provider failed to meet the appropriate standard of care.
A serious injury alone does not establish malpractice. We look for evidence that the provider's actions or omissions caused preventable harm.
Who Can Be Responsible for Medical Negligence?
Medical malpractice is not limited to mistakes made by physicians. We investigate the actions of every provider and facility involved in the patient's care.
Depending on the circumstances, responsible parties may include:
- Physicians and medical specialists
- Surgeons and neurosurgeons
- Anesthesiologists
- Nurses and other clinical staff
- Hospitals and healthcare systems
- Emergency room providers
- Medical practices and other healthcare facilities
More than one provider may contribute to the same injury. Our medical malpractice lawyers review each provider's role to determine where the breakdown in care occurs.
Injuries Caused by Medical Malpractice
Medical negligence can cause a new injury, worsen an existing condition, or delay treatment for a serious illness. The resulting harm varies considerably depending on the medical error involved.
Malpractice claims may involve brain or spinal cord injuries, nerve damage, infections, organ damage, birth injuries, or permanent disability. Some errors require additional surgery or long-term medical care. In the most serious cases, medical malpractice can result in a patient's death.
South Carolina's Malpractice Claim Requirements
South Carolina requires specific steps before a patient can pursue a medical malpractice lawsuit. We help clients meet these requirements while investigating the medical evidence behind their claims.
Notice of Intent and Expert Affidavit
Before filing a lawsuit, a patient generally files a Notice of Intent to File Suit against the healthcare provider. The filing also generally requires an affidavit from a qualified medical expert. The expert identifies at least one negligent act or omission that supports the claim.
South Carolina also requires pre-suit mediation before the case proceeds into traditional litigation. We prepare for this process by reviewing the records, consulting appropriate experts, and identifying the issues in dispute.
Deadlines for Filing a Medical Malpractice Claim
South Carolina generally allows patients three years from the date of injury to file a medical malpractice claim. However, the discovery date can affect when that period begins. Other circumstances can also affect the time available to pursue a claim.
We evaluate these deadlines early because waiting can limit a patient's legal options.
Limits on Noneconomic Damages
South Carolina places limits on certain noneconomic damages in medical malpractice cases. These damages can include compensation for pain, suffering, and other losses without a direct financial value.
The state's noneconomic damages cap adjusts each year for inflation. The amount that applies depends on factors including when the claim arises and the defendants involved.
South Carolina's malpractice requirements make early case evaluation important. If you suspect medical negligence caused an injury, we can review what happened and explain the next steps.
Why Choose Mooneyham Berry for a Medical Malpractice Case?
Medical malpractice cases require attorneys who are comfortable working through complex medical evidence and prepared to challenge hospitals, physicians, insurers, and their defense teams. Mooneyham Berry brings decades of plaintiff-side litigation experience together with an understanding of how medical malpractice claims are defended.
Extensive Trial Experience
Our attorneys bring more than 40 years of combined experience to serious injury and medical malpractice cases. Joe Mooneyham has tried more than 100 cases to verdict in South Carolina state and federal courts and has argued cases before both the South Carolina Court of Appeals and South Carolina Supreme Court. He is also a member of the American Board of Trial Advocates, reflecting substantial courtroom and jury trial experience.
That trial background matters in medical malpractice litigation, where a case may depend on competing expert opinions, detailed medical evidence, and the ability to explain complicated issues clearly to a jury.
Experience With Complex Medical and Injury Litigation
Our firm's experience extends beyond general personal injury claims. Kim Berry has handled medical negligence, defective product, and mass tort litigation, all of which can involve extensive records, expert testimony, and complicated questions of causation.
We understand that proving a medical malpractice claim requires more than showing that a patient suffered a serious injury. The evidence must connect that harm to a provider's failure to meet the applicable standard of care.
Insight Into How Medical Malpractice Cases Are Defended
Our team also includes experience from the defense side of medical litigation. Before representing injured plaintiffs, Mitch Appleby defended hospitals, physicians, nursing homes, and insurance companies.
That perspective gives our firm insight into how healthcare providers and their insurers investigate claims, evaluate medical records, work with experts, and build defenses. We use that knowledge when preparing cases on behalf of injured patients and their families.
What To Expect In Your Malpractice Case
We begin by learning what happened and identifying the providers, facilities, and treatment involved. Our medical malpractice lawyers then obtain the records needed to evaluate the care you received.
Our process generally includes:
- Reviewing medical records and consulting a qualified expert in the appropriate specialty
- Preparing the Notice of Intent to File Suit and required expert affidavit
- Participating in the pre-suit mediation required under South Carolina law
- Negotiating when appropriate or pursuing the case through litigation and trial
Medical malpractice cases often require significant investigation before we can determine whether negligence occurred. Records may come from several providers, and qualified experts need time to review the care independently.
We use that investigation to identify what happened, which standards of care apply, and how the negligence caused the injury. Those findings also help our attorneys determine which providers or facilities may be responsible.
Our medical malpractice attorneys have tried cases to verdict throughout South Carolina. We prepare each claim with the possibility of trial in mind rather than assuming it will settle.
Our lawyers also keep clients updated as records arrive, experts complete their reviews, and the case moves through each required stage.
What A Greenville Medical Malpractice Case May Recover
The value of a medical malpractice claim depends on the harm caused by the provider's negligence. Our lawyers evaluate the financial and personal effects of the injury rather than relying on a standard settlement range.
Damages in a South Carolina medical negligence claim may include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent impairment or disability
- Other losses resulting from the injury
Future medical costs can be significant when malpractice causes an injury requiring ongoing treatment, additional surgery, or long-term assistance. Our attorneys consider the care a client may need months or years after the case ends.
When necessary, we work with treating physicians and life care planners to estimate the cost of future medical needs. Our Greenville medical malpractice lawyers also evaluate how an injury affects a client's ability to work and earn income.
Lost earning capacity can extend far beyond wages missed during recovery. Medical negligence may prevent someone from returning to the same occupation or reduce how much they can earn over time.
When medical malpractice results in death, surviving family members may have grounds to pursue a wrongful death claim; our attorneys can evaluate which damages may apply based on the circumstances of the loss.
We review these factors when assessing what a medical negligence claim may involve. Contact our Greenville office to discuss your case with a medical malpractice attorney.
Get Answers About a Medical Injury in Greenville
When medical care causes an unexpected injury, patients often want to know whether the outcome was unavoidable or negligence played a role. Our medical malpractice lawyers help clients get a clearer answer by reviewing the care, records, and circumstances surrounding the injury.
Mooneyham Berry brings decades of litigation experience to medical negligence claims involving physicians, surgeons, nurses, hospitals, and other healthcare providers. Our attorneys explain South Carolina's malpractice requirements and what the evidence may mean for your case.
We give clients a clear assessment of their options without promising a particular result. If we believe further investigation is warranted, we explain what comes next and what the process requires.
If you or a loved one suffered harm because of suspected medical negligence, contact our Greenville office. Talk with a medical malpractice attorney about what happened and whether you may have a claim.
Questions About Medical Negligence?
Talk with our Greenville medical malpractice lawyers about what happened and whether you may have a claim.