Best Professional Malpractice Lawyers in South Carolina

About Professional Malpractice Law in South Carolina, United States

Professional malpractice in South Carolina refers to situations where a professional, such as a doctor, lawyer, accountant, or engineer, fails to perform their duties to the accepted standards of their profession, resulting in harm to a client or patient. Unlike ordinary negligence, professional malpractice involves a breach of the special duty of care owed by licensed professionals to those they serve. Malpractice cases can arise in a variety of fields, but medical and legal malpractice are among the most common in South Carolina.

Why You May Need a Lawyer

Individuals may require a lawyer in professional malpractice cases for several reasons. If you believe a healthcare provider, attorney, or other professional made a serious error or failed to act competently, and that failure caused you financial loss, physical injury, or other harm, legal help can be crucial. Lawyers can assist with collecting evidence, evaluating the merits of your case, navigating complex local laws, negotiating settlements, and representing you in court. Common situations involving the need for legal help include surgical errors, misdiagnosis, missed deadlines in legal cases, conflicts of interest, and gross accounting mistakes.

Local Laws Overview

In South Carolina, professional malpractice cases are primarily governed by state statutes and long-standing case law. Some key legal aspects include:

• Statute of Limitations: Most malpractice actions must be filed within three years from the date the negligence occurred or was discovered, but there are exceptions and nuances depending on the profession and facts of the case.
• Pre-Lawsuit Procedures: In medical malpractice cases, the law requires plaintiffs to file a Notice of Intent to File Suit and participate in mediation before proceeding to court. An expert witness affidavit may also be necessary.
• Expert Testimony: South Carolina typically requires expert witnesses to explain how the professional’s conduct departed from the accepted standard of care and how that departure caused harm.
• Comparative Negligence: If the harmed individual is found partially at fault for their injuries, damages awarded can be reduced according to their share of responsibility.
• Damages: Plaintiffs can seek compensation for economic losses, pain and suffering, and, in some cases, punitive damages. South Carolina law may cap certain types of damages, especially in medical malpractice claims.

Frequently Asked Questions

What is considered professional malpractice in South Carolina?

Professional malpractice occurs when a licensed professional fails to provide services at the standard expected of their profession, resulting in harm or loss to a client or patient. This can include negligence, errors, omissions, or unethical behavior.

What professions are most commonly involved in malpractice claims?

The most common malpractice claims in South Carolina are filed against healthcare professionals (such as doctors and nurses), lawyers, accountants, and architects or engineers.

What is the statute of limitations for filing a malpractice claim?

Generally, you have three years from the date of the alleged malpractice or discovery of the harm to file a claim. However, some situations may alter this time frame. It is important to consult an attorney to determine the deadline in your specific case.

Do I need an expert witness to pursue a malpractice case?

Yes, in most professional malpractice cases, especially medical malpractice, South Carolina law requires supporting testimony from a qualified expert to establish the professional standard of care and to demonstrate how it was breached.

What if I signed a waiver or consent form?

Signing a waiver does not always prevent you from pursuing a malpractice claim, especially if the professional’s conduct fell below the accepted standard of care or involved gross negligence.

Can I sue a hospital, clinic, or law firm for an individual’s malpractice?

In some cases, institutions can be held liable for the actions of their employees under the theory of vicarious liability. An attorney can determine whether this applies to your case.

How are damages determined in a malpractice case?

Damages may include economic losses like medical bills and lost wages, as well as non-economic damages like pain and suffering. In South Carolina, certain damages in medical malpractice cases may be capped by law.

What does comparative negligence mean in malpractice cases?

If you contributed to your own harm, the amount you can recover may be reduced by your percentage of fault. If you are deemed more than 50 percent responsible, you may not recover damages.

What is the Notice of Intent to File Suit process?

For medical malpractice, you must file a Notice of Intent to File Suit before suing, outlining your claim and initiating a mandatory mediation process. This helps parties resolve claims before going to trial.

Do I have to go to court to resolve a malpractice claim?

Not necessarily. Many malpractice claims are settled out of court through negotiation or mediation. However, if a fair settlement is not reached, a lawsuit and trial may be necessary.

Additional Resources

Here are some resources and organizations in South Carolina that may be helpful for individuals seeking information or assistance related to professional malpractice:

• South Carolina Bar Association - Provides lawyer referral services and consumer legal information.
• South Carolina Department of Labor, Licensing and Regulation - Maintains records on licensing, disciplinary actions, and complaints for many professions.
• South Carolina Judicial Department - Offers accessible information about state courts and legal procedures.
• South Carolina Board of Medical Examiners - Handles complaints and licensure issues involving physicians and certain other healthcare professionals.
• South Carolina Legal Services - Offers free or low-cost legal help to eligible residents for civil matters, including malpractice cases.

Next Steps

If you believe you have been harmed by professional malpractice in South Carolina, consider taking the following steps:

• Collect all relevant documents, records, and evidence related to your case, such as contracts, medical records, correspondence, and bills.
• Write down a detailed summary of what happened, including dates, names, and any harm or financial losses you suffered.
• Research and contact qualified attorneys who handle professional malpractice claims in South Carolina. Most offer free initial consultations and can assess the strength of your case.
• Ask any attorney you meet about their experience with similar cases, potential outcomes, fees, and the process ahead.
• Follow the legal guidance provided to ensure all deadlines are met and your rights are protected throughout the process. Avoid discussing the details of your case with the professional involved or their insurance representatives until you have counsel.

Getting experienced legal help early can be essential to preserving your claim and maximizing your chances for a positive result.