Jury Awards SC Woman 350k in this Medical Malpractice Case



When you visit the doctor, whether for a sudden illness, injury, or chronic health condition, you count on them to provide the medical care, diagnostic testing, and treatment you need. When they fail to do so, it can have serious ramifications on your health and you have the right to hold them accountable in a claim.


Medical misdiagnosis has become an increasingly common cause of potentially life-threatening personal injuries. A South Carolina jury recently awarded one victim $350,000 for the damages she suffered. Find out more about the problems involving medical malpractice cases in South Carolina: the impacts it can have, how to protect yourself, and your rights in seeking the compensation you need to recover.


Woman Wins Medical Malpractice Case In Spartanburg, SC


A woman who was the victim of a medical misdiagnosis was recently awarded $350,000 through the Spartanburg County Circuit Court. The problem started when she was the victim of a bicycle accident back in July of 2017. She sought treatment at Spartanburg Regional Medical Center, where staff sent her to orthopedic surgery for an in-patient consultation after testing revealed she suffered a fractured right clavicle (which is a break in the collarbone) as well as seven fractured ribs and vertebral compression.


In the referral, it was noted that the break was not ‘significantly displaced’. The doctor who performed the consultation then diagnosed her as only suffering right clavicle pain, rather than a fracture. He failed to recommend any further testing or treatment, sending her home with nothing other than prescription medication and instructions to follow up with him regarding the injury in two weeks. She was not given any guidance regarding activity restrictions or how to otherwise care for herself or the injury.


As a result, she resumed many of her usual activities, which caused the clavicle bone to displace further. This prompted the eventual need for surgery, resulting in the insertion of a seven-inch metal plate in the area and seven screws. It also caused her to suffer ongoing pain in the affected area. She filed a claim against the doctor based on his medical misdiagnosis, saying he never examined the x-rays or reviewed CT scans. The hospital was also named in the lawsuit for failing to clearly convey the severity of her injury. After a week-long trial, it took the jury only three hours to reach a verdict. She was awarded the $350,000 on September 17, 2021. The amount included compensation for:


  • Medical bills related to the injury;

  • The cost of medications, rehabilitation, and other required care;

  • Compensation for lost wages and future losses in income and benefits.


Medical Malpractice is a Common Problem Among Providers


A 2019 study by Johns Hopkins Medicine revealed a shocking fact-medical mistakes and errors are the third leading cause of death in the United States, claiming the lives of roughly 250,000 people while leaving more than 35 million others suffering serious personal injuries. Medical misdiagnosis is one of the most common types of mistakes or errors and can have the following impacts on patients:


  • In terms of illnesses, injuries, and chronic health conditions, it can result in dangerous delays in treatment;

  • Due to medical misdiagnosis, patients experience ongoing suffering, pain, limited mobility, and a steady decline in overall health;

  • Medical misdiagnosis can result in needless treatments and procedures that are either ineffective or actually harmful to the patient;

  • Medical misdiagnosis increases overall costs for the patient, often resulting in lost wages and the need for additional and more extensive medical treatments.


Under Section 15-79-110 of the South Carolina Statutes, doctors and other medical providers owe a duty of care to patients. They can be held liable in a medical malpractice lawsuit for any damages and expenses the victim suffers due to their mistakes and lack of care. They can also be held liable by other family members in the event that a medical misdiagnosis results in an otherwise preventable death.


Preventing Medical Misdiagnosis and Holding at Fault Providers Accountable


Medical misdiagnosis creates huge liability issues for doctors, nurses, surgeons, and other hospital staff. Becker’s Hospital Review advises that those in the medical community can help to prevent it by allocating enough time for appointments, taking reported symptoms seriously, ordering diagnostic testing, and following up with others involved in terms of reading and interpreting the results. Patients can help to protect themselves by carefully reviewing their own records, asking doctors questions, insisting on being informed regarding test results, getting second opinions, and reporting any ongoing issues they suffer.


In the event you suspect a medical misdiagnosis or another type of medical error, taking the following steps can help in holding those at fault accountable:


  • Report the incident to the hospital or medical facility at which you were treated immediately;

  • Jot down dates, procedures, tests, and the name of any doctors, surgeons, diagnostic technician, and others involved with your care;

  • Request copies of all medical records pertaining to the incident;

  • Visit another medical provider to get a correct and thorough diagnosis of your injury.


To protect your rights regarding compensation and to help get justice in your case, contact our Aiken medical malpractice attorneys. Getting medical providers to admit to mistakes and medical misdiagnosis is generally a challenge. While you are likely to face roadblocks and delays in obtaining records or other information, we can take the legal actions needed to be successful in filing a claim.


Contact Our Aiken Medical Malpractice Attorney for Your Case

In cases involving medical misdiagnosis, the impacts on you and your family could last for years. In addition to your pain, suffering, and the medical expenses involved, a medical misdiagnosis can result in long-term disabilities and even hasten an early death.


At The Surasky Law Firm, we act as a strong legal advocate on your side in this situation. With decades’ worth of experience on our side, we can deal with doctors, specialists, and administrative staff at hospitals and medical facilities, helping you get a sense of justice and compensation for harms suffered. Call or contact our Aiken medical malpractice attorney online to request a consultation today.


Featured Posts
Recent Posts