Category Archives: Medical Malpractice

Supreme Court Rules in Favor of Medical Malpractice Victim

The Supreme Court will allow a South Carolina woman to proceed with her medical malpractice lawsuit, even after it was thrown out by a circuit court judge in 2012. The victim claims she was injured in 2008 during a medical procedure at East Cooper Regional Medical Center in Charleston County. A circuit court judge dismissed the woman’s first civil suit in 2012, ruling that the case was barred by South Carolina’s statute of limitations for medical malpractice cases. What Is a Statute of Limitations? A statute of limitations is a timeframe allowing victims to file a civil lawsuit, so they can be handled in a timely manner. Malpractice lawsuits must generally be filed for three years after the initial injury (two years if the defendant is a government entity or employee), but patients must meet several conditions during that period. A South Carolina law requires victims of medical malpractice to file a notice…
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Do I Have a Medical Malpractice Case?

Thousands of Americans get sick or die in hospitals every year, but most cases do not qualify as medical malpractice. To prove negligence, victims must prove that the doctor or hospital violated their “duty of care.” Every physician has a duty to act responsibly towards all patients undergoing treatment. If a doctor violates that “duty of care” and injures a patient, he or she can be sued for medical malpractice. Signs of possible negligence can include: Missed or late diagnosis Surgical errors Medication errors Failure to warn patient of known risk Failure to obtain consent How Do I File a Medical Malpractice Lawsuit? In South Carolina, the first step to filing a medical malpractice lawsuit is finding a medical expert to support the claim of negligence or duty violation. Medical experts are usually from out of state to avoid conflicts of interest, and must be in the same field or…
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Cancer Drug Recalled Due to Possible Contamination

Sun Pharmaceutical Industries Ltd is initiating a recall for 200 vials of gemcitabine due to concerns about sterility. Gemcitabine is marketed as Gemzar by Eli Lilly and Company. The drug helps prevent cancer cells from replicating. The GemCarbo chemotherapy regimen is used to treat several different cancers, most notably lung cancer. Sun Pharmaceutical initiated the recall, because the sterility of the vials may have been compromised. If the vials are contaminated, the patient’s health could be at risk. Cancer patients are especially vulnerable to infection, so the company has to act quickly to keep the drug off the shelves. The Food and Drug Administration (FDA) classified the action a Class II Recall, meaning that exposure to the drug may cause temporary, adverse health effects. This is Sun Pharmaceutical’s second recall this year. The company recalled more than 2,000 bottles of a generic diabetes drug in January, after a customer reported…
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