Tom Winslow

Legal Cases I have Practiced In:

Injuries to Mothers & Babies: Birth Injury Malpractice
South Carolina Birth Injury Attorneys

In the larger field of medical malpractice, obstetric and gynecological malpractice constitutes a significant area. In obstetric malpractice, improperly performed hysterectomies are all too common. If the procedure is done laproscopically, an obstetrician can make a mistake or unnecessary cut that can result in sexual dysfunction, bladder or bowel problems, excessive bleeding, cancer risks, lifestyle risks, and more. From a gynecological perspective, the surgical diagnosis and/or follow-up treatment of hysterectomies can often be performed improperly.
Many cases of obstetric or gynecological malpractice involve childbirth. When forceps or a vacuum are used improperly, terrible damage to the newborn can result. Especially complicated and tenuous births, such as those involving cerebral palsy, Brachial Plexus, and other conditions, can result from misdiagnosis and mishandling that add to the newborn’s struggles to live. Frequently, issues that arise during the pregnancy are ignored or mistreated.
We Handle Complex Birth Injury Cases
The malpractice attorneys at our firm have experience litigating all forms of obstetric and gynecological malpractice. Our lawyers, medical consultants, and large support staff assist individuals and other attorneys with especially challenging medical malpractice cases. Being one of the few law firms in the United States with a sufficiently high level of skill and resources to take on such cases, the firm regularly assists people throughout the United States with complex medical malpractice litigation and negotiations.
Birth Injuries
Examples of birth related injuries include cerebral palsy, uterine tears, paralysis, Bell’s Palsy, and brain damage. Our attorneys handle medical malpractice cases involving severe birth injuries to mothers and babies.

 

Medical Malpractice: Hospital Malpractice

South Carolina Hospital Malpractice Lawyers

There are many different varieties of medical malpractice cases, many of which are closely interrelated. Hospital malpractice refers to grievous errors committed by nurses, doctors, and other hospital staff, and is often committed in conjunction with surgical malpractice, birth related injuries and emergency room malpractice. Any serious medical procedure requires extensive follow-up actions which are the responsibility of the hospital.
Nurses and other hospital staff can commit many mistakes that cause catastrophic injuries and wrongful death. Too often, a hospital’s staff fails to respond when a patient’s temperature rises or blood pressure drops, either of which should be recognized as a potential sign of internal bleeding. Such dramatic changes in condition can occur in a matter of minutes, and unless the hospital keeps close watch, its staff may be guilty of failure to monitor, failure to diagnose, and failure to call a doctor. Sometimes the malpractice is as simple as failing to give the proper medication, an oversight that can cause grievous harm.

Medical Malpractice: Surgical Errors

South Carolina Surgical Error Attorneys

Errors in surgery constitute one of the most tragic forms of medical malpractice. Myth has it that most cases involve surgeons leaving instruments inside people’s bodies; such cases are relatively rare. Often, surgical errors are less than apparent, as when a surgeon makes unnecessary cuts that cause the patient serious problems later in life.
Well beyond the difficulty of assigning surgery errors to an ailment, surgical malpractice cases are difficult for many attorneys to handle because of the medical knowledge necessary to fully understand the issues involved in each case. Each surgery has different risks and different techniques, making what happens inside the operating room a complex affair for many doctors, much less for lawyers.
Our Experience

Our malpractice attorneys have decades of experience with many types of surgical malpractice. The medical professionals we keep on staff help us stay abreast of current developments in surgical techniques. Armed with unparalleled skill and experience, our surgical malpractice lawyers can assist any law firm or individual in the United States with complex medical malpractice litigation.
Our Service

The clients we represent have suffered serious and sometimes debilitating injuries. In some cases, our clients are dealing with the death of a loved one that has been caused by a surgical error.
We understand that people hurt by medical malpractice are often experiencing significant medical, financial and personal challenges that can be overwhelming. Our attorneys and staff provide superior support and service to help clients through difficult times.

Medical Malpractice: Emergency Room Malpractice

South Carolina Emergency Room Malpractice Lawyers

The highest percentage of medical malpractice cases involves emergency room malpractice. In an emergency room, there is a short window of opportunity to save someone’s life or health, ranging from hours to minutes. Doctors and staff must respond properly and quickly, or risk lives due to their negligence.
An emergency room has a different set of standards than a doctor’s office. Emergency rooms are not expected to completely treat patients; emergency rooms must recognize potential health risks and refer patients to applicable experts.
Superior Experience, Dedication and Resources

Our lawyers assist other law firms and individuals from across the United States in especially challenging medical malpractice cases.
Medical malpractice laws are designed to protect patients’ rights to pursue compensation if they are injured as the result of negligence. However, malpractice suits are often complex and costly to win. While plaintiffs have a right to seek compensation for any injury caused by negligence, time and money make it unrealistic to pursue compensation for minor injuries. If you believe you have the basis for a medical malpractice lawsuit, it is important to consult with an attorney who can help you determine whether your claim is worth pursuing.
Medical Malpractice: Misdiagnosis and Failed Diagnosis

South Carolina Medical Malpractice Lawyers

Two of the most common examples of medical negligence are misdiagnosis and failure to diagnose a disease or adverse health condition. When doctors, nurses and other healthcare professionals fail to take adequate steps to accurately diagnose a disease or health condition, people suffer serious and sometimes fatal injuries.
There are specific steps that should be taken and specific tests which should be performed when doctors and other medical professionals see that a patient is exhibiting certain symptoms. If a patient has signs of kidney disease, for example, it may be necessary to conduct a blood test or kidney biopsy in addition to a routine urine test. Where a patient exhibits symptoms of cancer, additional testing may be required to determine if a patient has cancer.
Misdiagnosis and failure to diagnose can occur with any condition, but some of the conditions where detection and diagnosis are frequently a problem include lung cancer, breast cancer, kidney disease, skin cancer, pneumonia, colon cancer and prostate cancer. We handle these and other medical malpractice cases involving serious injuries to a patient.
Proving Your Case – Causation

To establish a case for medical malpractice, the plaintiff must prove that the defendant had a duty to the plaintiff, that the defendant failed to meet the standard of care owed to the plaintiff, that the mistake actually caused the plaintiff’s injury and that the negligence involved harmed the plaintiff. Proof of causation can be a difficult issue in any medical malpractice case, including a case of misdiagnosis.
Injuries involved in medical malpractice case typically require specific medical training to understand, and the normal plaintiff may not know the cause of such injuries. In a misdiagnosis case, for example, it is critical to understand what diagnostic tests a doctor should perform when specific symptoms are present. Anyone who has been hurt as a result of medical malpractice should contact an experienced medical malpractice attorney who can evaluate their case and work with experts to prove causation.

 

South Carolina Nursing Home Negligence

To care for America’s rapidly growing elderly population, the number of nursing homes and assisted-living facilities is on the rise. The facilities, once believed to give tender care to the aging, have now become overcrowded with elderly citizens. As the elderly population increases, the ratio of elderly to caregivers does as well. Some argue this is the root cause of elder abuse in nursing homes; however, this is not a valid excuse.
Good medical care, prompt attention and appropriate treatment should be priorities for every nursing home. Unfortunately, there are facilities that do not provide residents with proper medical care and attention. In those situations, it may be necessary to call an attorney to represent the rights of victims of nursing home negligence.
Our South Carolina nursing home negligence lawyers are dedicated to providing you with personal attention and helping you hold the responsible parties accountable for their negligence or abuse.
Signs of Nursing Home Abuse or Negligence
Abuse, negligence, malnutrition or dehydration can result in severe symptoms and injuries to the elderly, such as:
Broken bones
Bed sores
Untreated medical illnesses
Poor hygiene
Noticeable weight loss
While it is not uncommon for an elderly person to slip and fall, persistent or suspicious falls should be questioned. You should trust your instincts and discuss your suspicions with one of our lawyers.
Mental and Emotional Mistreatment in Nursing Homes
Though there are various signs of elder abuse in nursing homes, one should be aware that not all result in bodily harm. Acts that are mentally or emotionally scarring can also be considered abuse in nursing homes. For this reason, loved ones should carefully watch for signs of elder abuse.
Mental and emotional mistreatment may occur if caregivers ignore personal complaints or use hurtful words toward the elderly who are totally reliant on them for care. This type of treatment may lead to a loss of self-worth, thus being detrimental to the elder’s self-esteem. It is imperative to watch for any signs of elder abuse and understand that a nursing home abuse lawyer can help recover damages for wronged parties.
Experienced Elder Abuse Lawyers
Our attorneys have made it their social responsibility to represent abused and neglected elderly in cases involving nursing homes and assisted-living facilities. We have successfully represented nursing home residents and their families, helping them recover damages for their injuries in nursing home and medical malpractice lawsuits. We are experienced in prosecuting nursing home negligence and bringing justice to those who have suffered wrongdoing.

South Carolina Wrongful Death Attorneys

Nothing is more difficult or painful than the loss of a family member. We represent family members who have lost a loved one as a result of the negligence or wrongdoing of others. We handle wrongful death claims associated with any of the following matters:
Medical malpractice
Fatal car accidents
Trucking accidents
Auto defects
Nursing home neglect or abuse
Environmental hazards
If you have lost a family member as a result of medical malpractice, serious personal injury, nursing home neglect or an auto accident, we can help. We are pleased to offer a free consultation to discuss your legal rights and options.
Compensation in Wrongful Death Lawsuits

A wrongful death lawsuit alleges that a fatal injury occurred as a result of a defendant’s conduct. In most cases, the theory of recovery is based on negligence, but strict liability is a possibility in some types of wrongful death lawsuits.
The children, siblings, parents or other parties with standing to file a wrongful death lawsuit seek recovery for monetary damages that have resulted from the death of the deceased. The requirements and damages allowed can vary from state to state.
Damages that may be allowable in a wrongful death lawsuit include:
General damages
Punitive damages
Pain and suffering/mental anguish
Medical expenses
Funeral costs
Loss of future earnings (of the deceased)
Loss of companionship
The amount and type of damages can vary from state to state. If you have lost a loved one as a result of a fatal accident, it is important to consult an attorney who can provide information about your rights.

South Carolina Police and Jail Misconduct Litigation

For many people, the phrase “police and jail misconduct” may bring to mind the more extreme forms of physical abuse at the hands of police and detention centers. However, most police and jail misconduct cases involve neglect and a failure to monitor that can be just as damaging as beatings or sexual abuse.
Denying proper medical care is a rampant problem among police and prisons. Detainees have a basic human right to receive the medication and medical monitoring they need to survive. In the environment of law enforcement, the line between necessary discipline and cruel and unusual punishment can often be crossed with deadly consequences.
Abuse by police and detention centers can take many forms. Apart from criminal neglect, cases sometimes involve lack of sufficient monitoring to prevent beatings and other forms of abuse by other prisoners. At times the misconduct involves beatings by police and prison guards, and even conditions surrounding police stops and searches.
Our Attorneys are Ready to Fight for You

Police and jail misconduct is quite obviously grounds for a lawsuit. However, many attorneys are often hesitant to pursue cases against their local law enforcement officials. We will not hesitate to pursue valid cases of this nature. We are armed with the experience and skill needed to take on difficult jail and police misconduct cases on behalf of victims and their families, or on behalf of any other American lawyer or law firm.
Our jail and police misconduct lawyers know the standards and procedures necessary to establish liability in police misconduct cases, and have done so in many states across America.

 

South Carolina Insurance Bad Faith

"Bad faith" insurance companies denial of unpaid claims are widespread, pervasive if not the norm, responsible for the greatest destruction and loss of U.S. and Americans wealth, assets, businesses, jobs and poverty, and ultimate maximum loss of human life. A 'legal' term, Bad Faith statutes and laws in each state are intentionally blindly overlooked and unenforced by states insurance regulatory agencies.

IT'S THE LAW: Insurance companies are required to 'willingly' pay claims properly and promptly in "Good Faith". It is illegal to 'willingly' not pay, discount-lowball, delay, deny payment of legitimate claims in "Bad Faith". When claims go unpaid in bad faith, the associated wealth-assets-loss of jobs-businesses are lost forever

Bad Faith insurance companies have had decades to rig the American and in some cases worldwide systems in their favor. Bad faith (BF) insurers non-payment of CLAIMS practices are proven pervasive and widespread. Upwards of 85-95%+ are proven bad faith (BF) insurers that repeatedly and consistently break the law. There is a traditional quiet covert revolving door between the insurance industry employees and state regulator employees which contributes to the status quo of claims resolutions by state regulators being 99.9% anti-claimants and pro-insurers

FBIC struggles to identify the Good Faith (GF) insurance companies from the small number remaining as the outrageous and overwhelming number of Americans consumer complaints submitted to states insurance regulators exceed an astounding one million plus annually. Let there be no doubt that it is the insurance industry with their unlimited legal, financial resources and power that regulate the state’s insurance regulators-authorities and not the other way around which is the correct and way it’s supposed to be. Besides the states tiny insurance regulatory agencies resources in comparison that neither have 1% of the necessary resources nor indicate or show any interest in doing anything about the "degree" of breach of contracts and/or the bad faith insurance payment claims status quo that is perpetrated and exists amongst 92.7% of ALL insurers, and which relativity FBIC uses in its ranking determinations. This is why it is essential that the U.S. Government have oversight control over state insurance regulators regarding interstate common ownership of the same bad faith insurance companies' non-payments and improper claims payments practices which commonly exist on a pervasive widespread basis.

INSURANCE BAD FAITH ATTORNEYS

There is a significant disparity in power between large insurance companies and consumers. When an insurance company refuses to pay a rightful claim, it puts a consumer in a terrible position. While the insurance company has the funds to litigate claim disputes, most consumers feel they do not have the money or time to pursue the compensation they rightfully deserve.
As a result, many people who have a right to expect payment on a claim simply go unpaid. The insurance companies are cognizant of this fact and all too often they take advantage of this disparity of power.
If your insurance claim has been wrongfully denied we offer a team of experienced trial lawyers who are prepared to advocate on your behalf if an insurance company has wrongfully denied your claim. We handle insurance bad faith claims relating to auto insurance, health insurance, homeowners insurance, property and casualty insurance, and life insurance.
You have paid your monthly insurance bill and honored your end of the bargain. Now that you have suffered a covered loss, you have a right to expect that your insurance company will honor their end of the agreement as well.