Different Elements of Medical Malpractice

Posted by & filed under Medical Malpractice.

Each year, cases of medical malpractice are brought to court when a nurse, doctor, or other medical professional fails to provide adequate health care treatment harms a patient. There are many different types of medical malpractice, which are covered below, that are made by health care professionals. Although many instances of medical malpractice may be medical mistakes they can cause serious health concerns for patients. Medical mistakes are not always covered under medical malpractice. In order for the case to be considered medical malpractice, the medical professional must have been negligent in their care, which includes not being skillful or competent. We have included some of the most common forms of medical malpractice where people seek legal representation.

Misdiagnosis

 Medical malpractice complaints that are filed as misdiagnosis or delayed diagnosis are some of the most common legal claims. If a patient receives a misdiagnosis or does not receive a diagnosis in a time that could have prevented serious harm or death, then the case is often considered medical malpractice. Serious health conditions may occur because a patient did not receive proper treatment in an appropriate time frame. Comparing the treatment plan that the doctor prescribed with a treatment plan from a similar case can prove misdiagnosis or delayed diagnosis. If your treatment plan is significantly different than one from a similar case and you had negative health outcomes, then you may have experienced medical malpractice.

Childbirth Injuries

 Various childbirth injuries can be caused by medical malpractice, including brain injuries, fractured bones, and nerve damage. These injuries may also be caused by other factors, including birth defects. An obstetrician or physician may be charged with medical malpractice both during the pregnancy and during the delivery. Negligent prenatal care involves situations in which the baby is harmful to the mother or in which a physician fails to diagnose a medical condition that may impact the health of the baby. Additional examples of negligent prenatal care include, failure to identify birth defects or a disease that could be contagious to the mother’s fetus. Negligence during childbirth could harm the baby or the mother, such as fetal distress or an inappropriate cesarean.

Surgery Errors

 Some medical malpractice arises from errors that occur in the operating room. Surgeons have made mistakes while operating, such as puncturing internal organs, operating on the wrong body part, or leaving operation material inside the body. If you have ongoing health complications following a surgery and have found fault during the surgical procedure or post-operational care then you may have experienced medical malpractice.

If you believe you have been injured due to medical malpractice you can contact an attorney at Callihan, Lohr & Syracuse Law Firm in order to learn more about hiring an expert to represent your case. We will help walk you through the various laws that might apply to your specific case and support you to get the compensation that you deserve. You can contact Callihan, Lohr & Syracuse Law Firm today by calling 843-790-3476.

Appealing A Health Insurance Denial

Posted by & filed under Personal Injury.

Sometimes, the stable feeling you have when you are on health insurance can unexpectedly be interrupted and bring you a significant amount of undue physical and emotional stress. For example, it is often upsetting to receive a letter in the mail notifying you that your request for medical care, or a claim for reimbursement for care, is denied by your health insurance company. Fortunately, there are a series of steps you can take to help you be more successful in obtaining an insurance claims appeal. Read more on “Appealing A Health Insurance Denial” »

Callihan, Lohr & Syracuse, LLC Recognized Among “The Best of Berkeley County” for 2013

Posted by & filed under Law News.

2013_Best_of_Berkeley_County_Awards_-_Berkeley_Independent_Page_1Each year, The Berkley Independent publishes the “Best of Berkeley County” list recognizing local organizations that have attained a high degree of professional success and client satisfaction. Callihan, Lohr & Syracuse, LLC was named by readers as one of Berkeley County’s top law firms in 2013.

The firm tallied the second most votes of any law firm in the county and were recognized as runner ups in the “Attorney” category. See the publication here or learn more about Callihan, Lohr & Syracuse.

 

Auto Injury In Charleston: When Do You Need A Lawyer?

Posted by & filed under Auto Accidents.

Auto injuries are common in Charleston, with South Carolina recently receiving the dubious honor of being named the state with the second-worst drivers in America.  In the same report, South Carolina ranked in the top three for most traffic related fatalities and the most deaths per mile driven. According to the latest data from the state of South Carolina, motor vehicle crashes are the leading cause of personal injury for ages 0-17, and the third leading cause of injury for all ages.

When Do You Need A Lawyer After An Auto Accident?

If you have been in an accident—whether it involved a car, truck, tractor-trailer or a motorcycle—then you most likely need an accident lawyer who can assist you in your case. This is because accidents usually involve both personal injury and vehicle damage. The at-fault driver in your wreck is responsible for covering your medical and auto repair bills, which means that insurance companies will be involved. With assistance from the accident lawyers at Callihan, Lohr & Syracuse, you will have help breaking through the obstructive practices that insurance companies use to delay or deny insurance claims. Auto accident lawyers can also help in organizing your case—collecting accident reports and eyewitness accounts to help tell the story of your accident in a way that will ensure you are fully compensated.

When Do You Need A Lawyer After An Auto photo_5961_20080516Accident?

In many cases you will need a lawyer to help you get full compensation for your injury or vehicle repairs because you likely do not know what benefits you are entitled to receive.  Even if you believe that you only have minor injuries immediately following an accident, you should still seek medical attention because you may be in a state of shock and unaware of a more serious injury.. You will be billed for a check up at your family doctor, an ER or urgent care facility, and the person responsible for your injuries should bear the cost of your medical treatment instead of you.

What about single-car accidents? You should still consult a lawyer to learn more about the laws in South Carolina and to determine if another party such as a construction company, may be responsible for your wreck.

Hire An Auto Injury Lawyer In Charleston

Auto injuries can range anywhere from whiplash to death. No matter the severity of your injury, you should always seek immediate medical attention and then speak with a lawyer who will fight for you against the insurance companies and at-fault party to recover the compensation you deserve after a wreck.

If you have suffered from an auto injury in the Charleston area, trust the lawyers at CLS Law Firm to stand beside you and fight for you.

Third Party Work Injuries: Third Party Work Injury Claims In Charleston

Posted by & filed under Workers' Comp.

Workplace Injuries: Third Party Injuries In Conjunction With Workers’ Compensation

Workplace injuries can happen at nearly any job, and are typically covered by an employer’s workers’ compensation insurance. However, there are instances where a third party can also be responsible for an injury at work. Workers’ compensation will usually cover initial and recurring medical bills, temporary disability, permanent disability and a portion of lost wages. However, it does not compensate for pain and suffering caused by the injury, which can be sought after through punitive damages, resulting in a monetary settlement. Punitive damages serve the purpose of punishing an at-fault, third party and compensate an employee beyond his/her typical coverage under an employer’s workers’ compensation insurance. Filing for a third-party suit against an at-fault party can go hand-and-hand with receiving worker’s compensation benefits.

Common Third Party Work Injury Claims

1. Vendors, Contractors and Non-Employer Supervisors

Companies often hire niche help, called vendors, or additional help such as contracted workers or non-employer supervisors to help complete an industrial or construction project. If while under direction of these, an employee is injured because of negligence on the part of the non-employee, then that individual may be able to sue for punitive damages due to pain and suffering.

2. Defective Machinery & Faulty Equipment

Working with heavy machinery and other equipment can be dangerous. Even if a work place injury is the fault of the employee, that employee should be covered under workers’ compensation. However, this is not always the case—what if the employee was injured because of defective or faulty equipment? If this is the case, the manufacturer of the equipment or machinery may be liable if the equipment was inherently dangerous or if the manufacturer failed to provide proper safety warnings.

3. Auto Accidents & Other Drivers

Many employees have to go on the road for business. If your have suffered personal injury because of an auto accident while on the job, then you may be able to sue the third party who is at-fault for the accident.

4. Malicious Employers & Co-Workers

If an employer or co-worker has directly injured you, then you have recourse through a third party injury claim. If a co-worker becomes malicious and intentional physically harms you, then you have the right to seek damages beyond just workers’ compensation.

Hire An Injury Lawyer For Third Party Work Injuries 

Callihan, Lohr & Syracuse has a vetted team of personal injury lawyers who can represent you in your work injury case. If you have been injured on the job and believe that a third party is responsible for your work injury, contact the CLS Law Firm today.

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Do I Have A Medical Malpractice Case?

Posted by & filed under Medical Malpractice.

After a visit to the doctor, a patient may believe that he or she has been a victim of malpractice. This occurs when a doctor, nurse, technician, anesthesiologist or other medical professional makes a mistake that results in damage or harm to a patient. This could be a procedural or surgical mishap that causes harm, or the omission of proper care or technique that results in harm. If you are wondering if you have a medical malpractice case, you should consult a medical malpractice lawyer in Charleston.

How Do You Know If You Have A Medical Malpractice Case?

Medical professionals are expected to maintain a certain standard of care when supervising a patient. Every patient and situation may call for a different standard of care. For example, an elderly person with a disability requires more attention than a young, healthy individual. By failing to exercise a reasonable standard of care, your doctor may be committing medical malpractice. In conjunction with this, if a doctor misdiagnoses your illness or fails to give you proper treatment or instruction, which leads to immediate or future harm, you may have a case for medical malpractice.

If a doctor or other medical professional has made a mistake while you were under his/her care, then you must also prove that this mistake is responsible for your injury or damage. Some of these instances are clearer than others, such as faulty surgery (i.e. amputating the wrong limb) or brain damage. Other may be less immediate, though equally harmful, such as negligent prenatal care, misdiagnosis or delayed diagnosis.

Fortunately, considering the number of medical cases that occur on a daily basis, your odds of being the victim of medical malpractice are low. However, if you have recently been under the care of a medical professional and believe that a mistake was made which caused you harm, you should consult a lawyer in Charleston who can assess your case and evaluate the legitimacy of your claim.

Medical malpractice can have a lasting effect on a victim’s life, and could result in needed future surgeries or care, lost wages and a lower quality of life. If you have been a victim of medical malpractice, then you deserve justice in your case. To learn more about these kinds of cases, and to speak with a North Charleston medical malpractice attorney, contact Callihan, Lohr & Syracuse today.

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A Charleston Auto Injury Lawyer For Your Medical Bills

Posted by & filed under Auto Accidents.

If you have suffered from an auto injury in Charleston, you need an auto injury lawyer who can help you receive compensation for your medical bills. Read on for more information about auto accidents in Charleston and how a local lawyer can help.

What To Do Immediately After An Auto Accident

If you have been in an auto accident in Charleston, it is important for you to follow some vital steps to ensure that you can recover your damages from an injury claim. First, be sure that you are safe at the scene. If you believe you have been injured, do not make any sudden movements and wait for medical attention if needed. If able, remove yourself from the car and stand clear of the road to avoid debris and oncoming traffic, which could lead to further injury. Then, check on the other driver. Get his or her insurance information and contact the police so they can investigate and file an official accident report. Whenever possible, take pictures of the scene and the damage to the vehicles before they are moved to preserve the facts of the accident.

Common Auto Accident Injuries

If you have been in an automobile accident, you should seek immediate medical attention. Some injuries are less apparent than others, so get to an urgent care, emergency room or another trusted medical facility  as soon as possible to be evaluated. You may be in a state of shock after an accident and not realize that you have been injured so it is important to put your health first and seek medical attention immediately.

 

Neck and back injuries are common in automobile accidents as well as fractured or broken bones, head injuries, whiplash, sprains and strains, just to name a few.

Will I Be Compensated For My Automobile Injuries?

If you have been in an auto accident and sustained an injury as the result of someone’s negligence, you are entitled to be compensated for your injuries. Your damages may include things like initial medical bills, follow up visits, physical therapy, lost wages from missing work and possibly emotional trauma. Callihan Lohr & Syracuse will fight for you to be compensated for all of your damages.

Hire An Auto Injury Lawyer In Charleston, SC

With the right legal counsel you have a much better chance of being compensated for your injuries after an auto accident. These cases typically involve insurance companies and/or employers (in the event of a commercial accident), and an auto accident lawyer can help to make sure you are not taken advantage and are fairly compensated. To learn more about what to expect after an auto accident in Charleston, contact the lawyers at Callihan, Lohr & Syracuse today.

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Insurance Claim Lawyer: Find A Charleston Insurance Attorney

Posted by & filed under Law News.

By filing for insurance you have taken the proper caution to protect you in case you or your property is damaged. The monthly rate you pay works as a contract between you and your insurance company to promise that when times take an unexpected turn, you will have the funds needed to get you back on track. However, some times this trust is broken on behalf of insurance companies who try to deny your claim. If you have filed a valid claim with an insurance company for health or property damage reasons and it is denied, then you have the right to know exactly why your insurance company is not holding up their end of the deal.

Why Your Insurance Company Might Deny Your Claim

Insurance companies act in their best interests, which means they are likely to meticulously pick apart your claim to only pay you a portion of your warranted amount. In the case of health insurance this might mean that the insurance company claims you had a pre-existing condition, which gives them the right to not have to cover medical bills associated with that condition. For example, you may have diabetes or a genetic disease which they they should not have to assume the risk of paying for. In an auto accident, if you sue the at-fault party your insurance company should pay the lawyer’s fee, but you may find that they try to avoid this obligation as well.  You may also have omitted some information on your insurance application by accident, and your insurance company will use that to their advantage, leaving you to pay the price. These claims should not suffer simply because insurance companies want to minimize their costs.

How A Charleston Insurance Lawyer Can Help

At Callihan, Lohr and Syracuse, we believe that honest people deserve the best representation in their insurance appeals. If your insurance claim has been denied, the best thing you can do is act quickly and hire a local, North Charleston lawyer who can fight for your claim. Don’t let the insurance company control your future, get help now with the experienced insurance lawyers at Callihan, Lohr and Syracuse.

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Whiplash In A Car Accident? A Charleston Accident Attorney Can Help

Posted by & filed under Auto Accidents.

Whiplash is one of the most common personal injuries sustained in an auto accident. Ranging in severity from minor pain to sustained discomfort, whiplash can have a lasting affect on your ability to handle everyday tasks and should be treated by a doctor. Read on to learn more about whiplash and how you can be compensated for your medical bills after a car wreck by hiring a Charleston accident attorney.

How To Know If You Have Suffered Whiplash

If you are having neck pains after an auto accident, how do you know if it is whiplash? Whiplash often occurs in auto accidents when you have been struck suddenly from behind and your neck is thrust forward, stretching the neck beyond its normal range of motion. The most prevalent symptom of whiplash is neck pain, which can spread into the shoulders and arms, causing a tingling sensation. You may also experience back pain from the upper back just below the neck, or throughout your back. Feelings of nausea, dizziness, headaches and a general feeling of mentally detached are also not uncommon.

What To Do If You Have Experienced Whiplash In A Car Accident

The first priority after a car accident is to seek medical attention from a hospital ER or an urgent care facility. While whiplash is an injury to be taken seriously no matter how subtle, you may also be experiencing a more serious injury that will require intensive care. Whiplash can lead to elongated times of general fatigue and the pain and discomfort can take anywhere from weeks to months to recover from. You may find that there are triggers such as lifting a certain amount of weight or reaching above your head. With proper treatment you can successfully recover from your injuries.

Hire A North Charleston Accident Lawyer For Your Whiplash Case

Whatever the severity of your whiplash may be, you will most likely incur medical billing from your hospital and doctor’s visits. It is important to note that you should always follow the medical advice you receive and follow up with any needed physical therapy or return visits. With the legal guidance and support of Callihan, Lohr and Syracuse Law Firm, you can expect quality legal assistance in getting the compensation that you deserve.

For more information about whiplash after an auto accident in North Charleston and to get legal assistance today, contact the auto accident lawyers at Callihan, Lohr and Syracuse.

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Workers Compensation In North Charleston: How Our Lawyers Can Help

Posted by & filed under Workers' Comp.

Understanding How Workers Compensation Works

Workers compensation acts as an insurance contract between an employer and an employee. Essentially, the employer “insures” the employee for work-related accidents. For example, if you fall from a ladder, even if the accident is arguably your fault, workers compensation will pay for your medical bills and lost wages. In exchange, the employee cannot directly sue his/her employer for damages. In South Carolina, every employer is required to have workers compensation insurance.

If you have been injured on the job, you have 90 days to report the injury to your employer and 2-years to file a claim, however the longer you wait to do either of these, the less likely your case is to be resolved quickly and with a favorable outcome.

Workers Compensation Can Be Difficult To Resolve

Your workers compensation claim will involve an insurance company that is solely interested in minimizing their costs. These insurance companies will argue over how much you, as a victim of a workplace injury, are actually owed. If drawn out, this process could take anywhere from months to years. After an accident at work, you may find that your employer is being difficult about paying your medical bills with workers compensation, or the insurance company is delaying your due payment for personal injury and/or lost wages. If so, you need a workers compensation lawyer in North Charleston who can act with urgency when it comes to getting your workers compensation benefits.

Hire A North Charleston Workers Compensation Lawyer

As the insurance company delays your claim, medical bills could start to mount. More severe injuries could mean that you are experiencing lost time at work, which also means you aren’t getting paid. This can create a vicious cycle of debt that you should not be subjected to.

Do not let these insurance companies manipulate you any further, contact the North Charleston workers compensation lawyers at Callihan, Lohr and Syracuse to get your workers compensation in North Charleston resolved quickly.

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