Posted 6/17/2016 11:08 AM (GMT -6)
This entire subject disturbs me at a personal level. After becoming 100% disabled as the results of being radiated 39 times with a completely empty bladder, RO's wrong choice and decision, and me ending up with an Urostomy and so far, 6 years of constant severe chronic pain, I went through the entire malpractice thing here in SC.
This is a terrible state to attempt it. They did some tort changes a few years back, that truly favor the doctors, and work against the patient.
I had a cut and dry case at one point, even my urologist was willing to testify on the stand.
I went through 4 groups of lawyers fighting this thing, to end up with nothing.
In SC, there is a 3 year limit. They can't lock in a case, until they advise the firm being sued with a 180 day warning. Each law firm convinced me I had a slam dunk case, but when it came to them spending money, they backed down.
By the time I was with group 3, my urologist was no longer able/willing to testify, due to his internal legal team.
Finally, I was representing myself, and actually getting somewhere, but I simply ran out of the 3 years statute of limitation here. The legal firm that represented my RO and radiation clinic knew they had me. In the end, they laughed at me, and threatened me with a slander law suit if I attempted to protest or picket the radiation center.
The whole thing has left a bad taste in my mouth about our wonderful legal system. As the result of this doctor's obviously wrong decision, I live the rest of my life unable to work and to be in constant pain. She is still practicing, event though investigation showed that she had been sued at least 2-3 times prior to my event.
I knew she was wrong at the time, but I instilled my trust to her under the doctor-patient relationship that was in place. At that point, it was her responsibility to keep her patient safe, and she failed miserably.
Good luck if you pursue this route. I would like to see someone win a case.