Malpractice??

[ElijahsMantle]

My father passed away on April 12, 1999. I feel like his death could have been prevented.

After going to the doctor for some stomach pain, he was admitted to the hospital for observation. After a few days (of not knowing what was wrong with him) they sent him to Emory University Medical Center to have some tests run (unrelated to the problem), as he had a team of doctors there from a previous kidney transplant.
Upon his arrival from the hospital in South Carolina they immediately put him in intensive care (in SC he was in a regular room and they didn't know what was wrong) because he had a virus in his blood stream and pneumonia. He died one month later. I feel, as does my family, that if the hospital in SC was doing its job that the virus and pneumonia would have been caught earlier and my father would be alive. It has been a year and 4 months. Is it too late to pursue a malpractice suit and if not what is the next step in making sure that this doesn't happen to anyone else?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Simply put (but read the statute I copied below for you) you have three years in South Carolina.

Usually with medical malpractice suits, you have to show the patient was not contributorily negligent (easily done); the death was caused by doctor's/hospital's actions/inactions AND that it something that could have been prevented if they did their job properly. Meaning, that his death was not a usual or expected side effect (a potentiality) of regular, non negligent medical care.

May I suggest you get a medical malpractice atty right away. Try attorneypages.com and also try your state bar (call 411).

SECTION 15-3-545. Actions for medical malpractice.

(A) In any action, other than actions controlled by subsection (B), to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health care provider as defined in Article 5, Chapter 79, Title 38 acting within the scope of his profession must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence, or as tolled by this section.