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on a given area of skin and allow the patient’s blood to flow naturally. In turn, an immobile patient’s risk of developing bedsores or their bedsores escalating in stages diminishes greatly. In facilities where low staffing levels prevent patient turning on required intervals, alternating air pressure mattress pads (which can be purchased on Amazon for well under $100) can go a long way toward preventing bedsores. Unfortunately, these preventive measures are not frequently taken. In many cases, families of bedridden patients contact our office with concerns that their family member has been neglected by their caregivers. In many of these cases, further inquiry often unearths more troubling issues. Not only are bedsores present on many bedridden patients, but they are also often acquired in a hospital setting, and hospital records pertaining to the bedsores are usually littered with inconsistencies, errors, and omissions. Medical records in this state of discord leave hospitals in a state of defensive scramble. And rightfully so — it is difficult to defend the occurrence of a “never event” as gruesome and preventable as a bedsore. Hospital falls, like bedsores, are never events that our firm is called on to review all too often. Patients, particularly those who are advanced in age, who are being treated in a hospital or other medical setting are under the encompassing care of the medical facility. Hospitals are expected to maintain the well-being of their patients. As part of this undertaking, hospitals and other care facilities should have fall prevention programs in place. In an ideal world, fall prevention programs should involve creating an individualized fall prevention plan for each patient. Among other things, these plans need to consider staff education and training, adequate supervision of patients, treatment of delirium, and the provision of safe footwear, use of wheelchairs, and bed rails. Sadly, in our experience, these plans are often either not implemented properly or not created in the first place. When a fall occurs, the resulting injury or death is often the proximate cause of the medical facility’s failure to execute its fall prevention program. Again, similar to bedsores, these hospital falls are often preventable and rarely the subject of a legitimate excuse. If you or one of your friends or family members has been the victim of a never event, please reach out to our office. George “Buster” Bryan
Policy and Practice If you have suffered damages as a result of medical malpractice, then you should know that malpractice suits can be complex affairs. One of the details many overlook is the non-economic medical malpractice damages limitation, or medical malpractice cap. The medical malpractice cap determines the maximum amount of compensation plaintiffs can be awarded in the event their case is successful. Non-economic damages can stem from pain and suffering, mental anguish, loss of enjoyment, and more. What Is the Cap? The medical malpractice cap is based on the Consumer Price Index, which is published by the Department of Labor. As of December 2023, the medical malpractice cap against a single health care provider and a health care institution for each claimant is $564,168. The medical malpractice cap against all health care providers and health care institutions for each claimant has risen to $1,692,503 per occurrence of negligence When to File When it comes to filing a malpractice suit in South Carolina, timeliness is key. Private and nonprofit hospital systems have a three-year statute of limitations. Governmental hospitals have a two-year statute of limitations. Many rural clinics operate through the use of funds provided by the federal government, and the substantial use of federal funds by rural clinics will sometimes result in the application of the two-year statute of limitations to bring a claim against these clinics in federal court. South Carolina has a six-year statute of repose which serves as a bar for hidden conditions, such as items that are left behind during surgery that are not discovered until years later. When the malpractice is hidden, the statue of repose serves as a bar to bringing an action against the responsible provider after the expiration of six years. Because the statute of limitations analysis is so convoluted, it is recommended that you speak to a lawyer as soon as possible if you think that you have been a victim. If you would like us to assist you in filing a medical malpractice case, call us at 843-995-5000 for a free consultation. Malpractice Caps
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