Medical Malpractice

Medical malpractice cases hold a unique place within the legal field, intertwining intricate medical knowledge with legal principles. These cases arise when a healthcare professional’s negligence or omission of proper medical care results in harm to a patient. Navigating the complexities of medical malpractice cases requires an understanding of the legal standards, burden of proof, and the pursuit of justice for those affected. If you or a loved on has suffered a personal injury or any damage due to medical negligence you need to contact Schwarz Law at (843) 252-0751.

Elements of Medical Malpractice

  • Duty of Care: Healthcare providers have a legal duty to provide a standard of care consistent with their training and the prevailing medical practices in their field.
  • Breach of Duty: A breach occurs when a healthcare provider deviates from the accepted standard of care, resulting in negligence or error in treatment.
  • Causation: There must be a direct link between the breach of duty and the harm suffered by the patient. It must be proven that the negligence caused or significantly contributed to the patient’s injuries.
  • Damages: The patient must have sustained measurable harm due to the healthcare provider’s negligence. Damages can encompass physical, emotional, and financial losses.

Complexities in Medical Expertise

Medical malpractice cases often involve complex medical concepts that may be challenging for non-medical professionals to comprehend. Expert medical witnesses are instrumental in bridging this knowledge gap. These witnesses, usually specialists in the relevant field, provide informed opinions on whether the standard of care was breached and how it led to the patient’s harm.

Statute of Limitations

Most jurisdictions impose a statute of limitations within which medical malpractice claims must be filed. This time limit varies by jurisdiction and can be influenced by factors such as when the negligence was discovered or should have been discovered. Failing to initiate legal proceedings within the prescribed time frame can bar the patient from seeking compensation.

Resolving Medical Malpractice Cases

Medical malpractice cases can be resolved through various channels, including:

  • Settlement: Parties may reach an agreement outside of court, with the healthcare provider or their insurer offering compensation to the patient. Settlements avoid lengthy litigation but require both parties to agree on terms.
  • Trial: If a settlement is unattainable, the case may proceed to trial. During the trial, evidence is presented, witnesses testify, and a judge or jury determines whether the healthcare provider was negligent and if the patient is entitled to compensation.

Compensation and Redress

If a medical malpractice claim is successful, the patient may receive compensation for various types of damages, including:

  • Medical Expenses: Reimbursement for medical bills, ongoing treatment, and rehabilitation.
  • Lost Wages: Compensation for income lost due to the injuries and recovery period.
  • Pain and Suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
  • Future Damages: In cases of permanent disability, compensation for ongoing medical care and loss of future earning capacity.


Medical malpractice cases underscore the importance of balancing medical expertise and legal principles to ensure justice for patients harmed by healthcare negligence. These cases exemplify the intricate interplay between medical standards and legal standards, requiring collaboration between legal experts and medical professionals. As patients exercise their rights to seek redress, healthcare providers must uphold their responsibilities to deliver safe and competent care, fostering an environment of accountability and patient well-being.

Contact Schwarz Law at (843) 252-0751 to schedule a free consultation.

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