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The Hartman Law Firm

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Wrongful Death

People place their trust in the hands of the doctors and staff that care for them when they are at their weakest. Sometimes doctors and their staff do not meet guidelines put in place to protect patients from mistakes. Mistakes can occur in diagnosis, anesthesia, or providing the correct dosage of medication. Every year, thousands of patients across the country suffer wrongful deaths.

Proving a malpractice wrongful death claim is hard and expensive to prove. It requires skill, effort and resources. But deserving victims can obtain relief. The Hartman Law Firm, LLC has experience in pursuing medical malpractice wrongful death cases across South Carolina.

If your loved one has died because of medical malpractice, you have the legal right to hold the doctor accountable.

What Misdiagnose can lead to Wrongful Death?

One of the primary reasons that you go to the doctor or the emergency department is because you have noticed symptoms and you would like a diagnosis. Doctors should perform the necessary diagnostic tests based on your symptoms and should be able to correctly diagnose any conditions or illnesses you may have so you can receive any treatment you need. When a doctor fails to correctly diagnose certain conditions, it can have life-threatening consequences.

Some types of misdiagnoses that can have fatal consequences include the following:

Cancer

An early diagnosis of cancer is critical, as the more a diagnosis is delayed, the more invasive the treatment may be or the cancer may become untreatable and terminal. If a doctor fails to recognize the symptoms of a possible cancer and misdiagnoses a patient with another condition, the cancer can go untreated until it is too late and can cause wrongful death. For example, ovarian cancer can often be misdiagnosed as celiac disease, irritable bowel syndrome, or other digestive disorders.

Heart attack

A heart attack is often a sign of serious cardiovascular issues that may require surgery or other immediate treatments to prevent further cardiac events. Heart attacks are often misdiagnosed as acid reflux or similar conditions, especially if the patient does not have obvious cardiac risks. However, even younger people who seem to be in relatively good health may suffer from cardiac conditions, so it is important for doctors to properly test for heart attacks to prevent a subsequent attack that may be fatal.

Pulmonary embolism

A pulmonary embolism occurs when a blood clots travels in the bloodstream and enters a lung. Because a pulmonary embolism can cause respiratory and circulatory difficulties, some patients are misdiagnosed with anxiety attacks when they report higher heart rates and shortness of breath. Because a pulmonary embolism can be life-threatening, a misdiagnosis can be fatal.

Stroke

Too often, patients who have had a stroke are told that they are having migraines. Migraines can have sensory symptoms – such as tingling in the limbs – and visual aura that can be similar to the after-effects of a minor stroke. Without taking steps to control blood pressure or other aspects of your health following a stroke, the chances of a more serious stroke and possible aneurysm are much higher

The Importance of Legal Representation in a Wrongful Death Suit

Proving that someone was responsible for the death of another is often very difficult. It takes knowledge of the legal system, and an understanding of the evidence required to be successful.

The litigation process can be difficult, but it’s important that you stay the course. An experienced Charleston, South Carolina legal firm with extensive wrongful death expertise can help guide your case toward a satisfactory conclusion.

Losing someone you love is painful. Unfortunately, people are killed every day because of someone else’s failure to pay attention.

When negligence takes the life of someone you care about, you need someone to defend that person’s rights. You deserve fair compensation for your pain and suffering.

The Hartman Law Firm Understands Wrongful Death Claims

People place their trust in the hands of the doctors and staff that care for them when they are at their weakest. Sometimes doctors and their staff do not meet guidelines put in place to protect patients from mistakes. Mistakes can occur in diagnosis, anesthesia, or providing the correct dosage of medication. Every year, thousands of patients across the country suffer wrongful deaths.

Proving a malpractice wrongful death claim is hard and expensive to prove. It requires skill, effort and resources. But deserving victims can obtain relief. Hartman Law Firm, LLC has experience in pursuing medical malpractice wrongful death cases across South Carolina.

If your loved one has died because of medical malpractice, you have the legal right to hold the doctor accountable.

Who Can Recover in a South Carolina Wrongful Death Claim?

Survivors of wrongful death victims can pursue economic and non-economic losses. These money damages include loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society. Survivors may also be compensated for their own personal grief and suffering.

The lawsuit is brought in the name of the personal representative of the victim’s estate.

The victim’s eligible next of kin may include:

  • Spouses (widow or widower)

  • Children

  • Parents

  • Siblings

Wrongful death claims cover “pecuniary injuries.” These damages cover loss of companionship, mental anguish and potential financial contributions of the deceased.

Surviving children may recover damages for the loss of instruction, moral training and education they would have received had their parent lived.

In South Carolina, it is also possible to recover for the wrongful death of an unborn child if the fetus was viable at the time of the negligent act. The presumption of the parents’ loss and injury extends to a stillborn child.

In addition, South Carolina law allows next of kin to recover damages for the pain and suffering of their loved one from the time of injury until the time of death. In cases where death is instant, or when the decedent is rendered immediately unconscious or comatose, damages can’t be recovered.

How do You Prove a Wrongful Death Claim?

In all wrongful death cases, negligence must be proven. Hartman Law Firm, L.L.C. knows how to help clients prove the four critical components of negligence that must exist in their claim:

  • The defendant had a duty to the deceased,

  • The defendant failed in that duty (breach of duty),

  • The fatality was caused by the defendant’s breach of duty, and

  • The survivors are entitled to damages as a result of the loss of their loved one.

The amount of damages awarded will depend on the plaintiff’s relationship to the deceased.

Every state has its own “statute of limitations.” This is the maximum allowable time in which a wrongful death lawsuit can be filed against a medical professional or hospital. After this time, a claim may be denied. It is for this reason that you should involve our law firm early in the process so we can protect your rights.

Contact the Hartman Law Firm now for your free 20-minute consultation

There are three ways to contact Frank Hartman and ask him any question you need answered

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Free Consulation and Case Evaluation

Frank offers a Free Case Evaluation and Consultation. He will visit with you at your convenience at your home or hospital bed to evaluate your matter. This is done on a case by case basis.

Frank Hartman opened The Hartman Law Firm, LLC in 2011 in Charleston, South Carolina. He chose Charleston so he could help his clients get the best results. He knows the people of South Carolina deserve better.

Frank concentrates his legal practice in several personal injury practice areas. His success in representing his clients is evident in the numerous case results cited. The office of the Hartman Law Firm brings a warm welcome and an understanding legal representation that you'll be hard pressed to find elsewhere.

Learn more about Frank's success in getting his clients the compensation they deserve in the Case Results and Testimonials pages.

The Hartman Law Firm, LLC

Serving North Charleston and the Charleston Metro Area

6650 Rivers, Ave, Suite 600

North Charleston, SC 29406


305 W Indian Ave

Folly Beach, SC 29439


Phone: (843) 300-7600

Email: frank@thehartmanlawfirm.com