Sent Home From the ER Over the Holiday Weekend and Got Worse? Building a Medical Malpractice Case in SC

Hospitals are often understaffed and overloaded during holiday weekends, which can lead to rushed decisions or missed diagnoses. If you went to the ER, were sent home, and then your condition worsened, you might be facing a situation where medical malpractice occurred. While this may seem daunting, building a medical malpractice case is possible if the hospital or ER staff deviated from acceptable standards of care.

In South Carolina, medical malpractice law allows patients to seek justice if they can prove that their injuries were caused by a healthcare provider’s negligence. But how do you start? In this blog, we’ll discuss the critical steps to take after being sent home from the ER, what elements are necessary for a medical malpractice claim, and how Christian & Christian Law can help you navigate the complexities of your case.

Understanding Medical Malpractice in South Carolina

Medical malpractice is when a healthcare professional or provider deviates from the accepted standard of care, causing harm to the patient. In the case of emergency room visits, this could include errors like incorrect diagnosis, mismanagement of treatment, improper discharge, or failure to provide appropriate follow-up care.

South Carolina law requires the following components to prove medical malpractice:

1. Duty of Care: The healthcare provider owed a duty to provide care to the patient. 
2. Breach of Duty: The provider failed to meet the appropriate standard of care. 
3. Causation: The failure to meet the standard of care directly caused harm to the patient. 
4. Damages: The patient must have suffered quantifiable harm due to the breach. 

If you can prove all these components, you may have a valid case for medical malpractice.

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Founded in 1975, Christian & Christian has deep roots in the community.

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Only Serving People, Never Companies

Founded in 1975, Christian & Christian has deep roots in the community.

Learn more about our attorneys

Why ER Visits Over Holidays Are Especially Risky

Holiday weekends often bring increased stress to healthcare facilities, including emergency rooms. With more patients and fewer medical staff on hand, mistakes are more likely to happen. These include:

• Misdiagnosis: Staff may rush to get patients in and out quickly, leading to missed diagnoses. 
• Insufficient follow-up: With limited staff availability, follow-up care might be overlooked or rushed. 
• Premature discharge: In an effort to reduce patient load, doctors might discharge patients too early without properly assessing the severity of their condition. 

In these situations, a lack of attention to detail or proper treatment could worsen your condition. If your health deteriorated after being sent home, it’s possible that the initial ER visit failed to properly address your needs, leading to further complications.

What to Do if Your Condition Worsened After ER Discharge

If you find that your condition worsens after being sent home from the ER, it’s important to take the following steps to protect your health and your legal rights:

1. Seek Immediate Follow-Up Care: Visit another healthcare provider to get an accurate diagnosis and start treatment immediately. If possible, obtain written documentation from your new doctor regarding the changes in your condition. These medical records can become crucial evidence in a malpractice case. 
2. Document Everything: Keep detailed notes on your symptoms, treatments, and all interactions with the ER staff. This includes your initial visit, the discharge instructions, and any conversations that occurred regarding your diagnosis or treatment. If you have any photos or videos that illustrate the worsening of your condition, save those as well. 
3. Notify the ER or Hospital: While it’s unlikely to change the outcome, it’s important to notify the hospital or ER about your worsening condition. Ask them to review your case and document their response. This is important in showing that you attempted to resolve the issue and sought their acknowledgment. 
4. Consult with a Medical Malpractice Lawyer: If your condition worsens after an ER visit and you suspect medical malpractice, the next step is to consult with an experienced attorney. A lawyer specializing in medical malpractice in South Carolina can help assess whether you have a valid case. 

Building a Medical Malpractice Case: Key Elements You Need

To build a successful medical malpractice claim in South Carolina, you must prove the following key elements:

1. The ER Had a Duty of Care to You: This is the most basic element of a medical malpractice case. If you were treated in the ER, the hospital and its medical staff had a duty to provide care that met the standards expected of medical professionals in the field. 
2. The ER Breached That Duty of Care: This means that the hospital or medical provider did not act according to the accepted standard of care. For example, they might have sent you home without conducting necessary tests, failing to properly diagnose or treat your condition. 
3. Causation: Your Injuries Were a Result of the ER’s Mistake: You must demonstrate that the actions (or inactions) of the healthcare provider directly resulted in harm. If your condition worsened because the ER did not properly address your symptoms, you may be able to establish causation. 
4. You Suffered Damages: In medical malpractice cases, you must show that you were harmed. This could include physical pain, emotional distress, extended medical treatment, lost wages, or other financial losses. 

How to Prove Negligence in a Medical Malpractice Case

Medical malpractice cases hinge on proving that a healthcare provider acted negligently. There are several ways to do this:

• Expert Testimony: In most medical malpractice cases, expert testimony is required. A medical expert will testify that the care you received fell below the accepted standard and directly caused your harm. 
• Medical Records: Detailed medical records from the ER visit and subsequent care can help demonstrate the inadequacy of treatment and the progression of your condition. 
• Witness Statements: If there were any witnesses to your care or discharge instructions, their testimony could be valuable in showing what happened during your visit. 

The Role of Christian & Christian Law in Your Case

If you believe you have a case for medical malpractice after being sent home from the ER, Christian & Christian Law is ready to assist. With years of experience handling malpractice claims in South Carolina, we understand the complexities of the law and are committed to fighting for the compensation you deserve.

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Here’s how we can help:

• Free Consultation: We offer free consultations to assess the strength of your case. We will listen to your story, review your medical records, and give you honest feedback about your options. 
• Thorough Investigation: We will gather and review all the necessary evidence, including medical records, expert opinions, and witness testimony. This thorough approach ensures that we can prove the malpractice occurred and that it caused harm. 
• Aggressive Representation: If we move forward with your case, we will handle the legal proceedings with diligence and determination. We will negotiate with insurance companies and hospitals on your behalf and, if necessary, represent you in court. 
• No Fees Unless You Win: At Christian & Christian Law, we operate on a contingency fee basis, meaning we only get paid if you win your case. This ensures that you don’t face any financial strain while pursuing justice. 

Medical malpractice is not always easy to prove, but with the right legal guidance, you can hold healthcare providers accountable for their actions. If you were sent home from the ER over a holiday weekend and your condition worsened, it’s important to seek legal counsel immediately.

Christian & Christian Law is here to help South Carolina residents navigate the challenges of a medical malpractice case. Contact us today for a free consultation and learn how we can fight for your rights.

Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.

To learn more about this subject click here: How to Determine If You Have a Medical Malpractice Case in South Carolina