Best Medical Malpractice Lawyers in South Carolina

About Medical Malpractice Law in South Carolina, United States

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, hospital, or other medical professional, fails to provide the standard of care expected in the medical community, resulting in injury or harm to a patient. In South Carolina, medical malpractice law provides a legal avenue for patients who have been injured due to the negligent acts or omissions of their healthcare providers. These cases can be complex and often require an in-depth investigation, consultation with medical experts, and a thorough understanding of both legal and medical issues.

Why You May Need a Lawyer

Navigating a medical malpractice case can be challenging. Many people seek the help of a lawyer in the following situations:

• They or a loved one suffered serious injury or wrongful death due to suspected medical negligence
• They received a misdiagnosis, delayed diagnosis, or incorrect treatment resulting in harm
• There was a surgical or medication error leading to permanent impairment or additional health problems
• They encountered birth injuries or complications that may have been preventable
• They experienced difficulty obtaining medical records needed to evaluate their case
• Insurance companies or healthcare providers deny responsibility or offer inadequate compensation

Local Laws Overview

South Carolina law sets out specific requirements and guidelines for filing a medical malpractice lawsuit:

• Statute of Limitations: Generally, you must file a claim within three years from the date the malpractice occurred or from when it should have been discovered. However, some exceptions and specific rules may apply.
• Notice of Intent and Expert Affidavit: Before filing a lawsuit, the patient must file a Notice of Intent to File Suit and include an affidavit from a qualified medical expert who attests to the merits of the case.
• Damage Caps: South Carolina places limits on the amount of non-economic damages (such as pain and suffering) that can be awarded in medical malpractice cases. As of recent law, the cap for non-economic damages is adjusted annually for inflation.
• Comparative Negligence: If the patient is found to be partially at fault, their recovery may be reduced in proportion to their share of fault. If the fault is more than 50 percent, recovery is barred.
• Medical Review Panels: Some cases may require a review by a panel of medical experts before proceeding to court.
• Special Filing Procedures: There are additional procedural rules, such as mediation requirements, specific to South Carolina medical malpractice cases.

Frequently Asked Questions

What is considered medical malpractice in South Carolina?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes injury or harm as a result. The standard of care is what a reasonably competent medical professional would have done under similar circumstances.

How long do I have to file a medical malpractice lawsuit?

Generally, you have three years from the date you knew, or should have known, about the injury. Extensions and exceptions are rare, but there are special rules for cases involving minors or mental incompetence.

What compensation can I receive if I win my case?

You may be eligible to recover damages for medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and, in some cases, punitive damages. Non-economic damages are capped by law.

Do I need an expert witness for a medical malpractice claim?

Yes, South Carolina law requires an affidavit from an expert who can attest to the validity of your claim before a lawsuit can proceed. This expert must meet certain qualifications.

How do I prove that malpractice occurred?

You need to show that the healthcare provider owed you a duty of care, breached that duty, the breach caused your injury, and you suffered resulting damages. Evidence such as medical records and expert testimony is essential.

Can I sue for a misdiagnosis or delayed diagnosis?

Yes, if the misdiagnosis or delay led to additional harm or worsened your condition due to a departure from the standard of care, you may have grounds for a claim.

Are there limits on damages in South Carolina?

Non-economic damages are capped, but there is no cap on economic damages like lost wages and medical bills. The cap on non-economic damages is subject to annual adjustments for inflation.

Will my case go to trial?

Many cases are settled out of court through negotiation or mediation. However, if a fair settlement cannot be reached, your case may proceed to trial.

Does South Carolina use contributory or comparative negligence?

South Carolina follows modified comparative negligence. If you are less than 51 percent at fault, your compensation is reduced by your share of fault. If you are more than 50 percent at fault, you cannot recover compensation.

What should I do if I suspect medical malpractice?

Collect all your medical records, document your experience, and contact a qualified medical malpractice attorney as soon as possible to discuss your options and preserve your rights.

Additional Resources

If you need more information or support related to medical malpractice in South Carolina, the following resources may be helpful:

• South Carolina Department of Insurance - Information about healthcare providers' insurance requirements
• South Carolina Board of Medical Examiners - Look up disciplinary actions and license information
• South Carolina Judicial Branch - Access to court procedures and self-help resources
• South Carolina Bar Association - Find attorney referral services and consumer legal resources
• Local legal aid organizations - May offer assistance to eligible individuals with limited incomes

Next Steps

If you believe you have a medical malpractice claim, it is important to act promptly. Here is how you can proceed:

• Gather all relevant medical records, bills, and documentation related to your care and injuries
• Write down your recollection of events, including names, dates, and conversations with healthcare providers
• Consult with an experienced medical malpractice attorney in South Carolina for a case evaluation
• Follow your attorney’s advice on preserving evidence, communicating with insurance companies, and complying with state filing requirements
• Stay informed by researching reputable resources and asking questions so you understand the legal process