Medical malpractice cases are governed by specific laws and procedures that are different from standard personal injury claims. If you believe a doctor or hospital caused your injury, it is important to understand South Carolina medical malpractice laws before filing a claim. These cases are complex and require strict compliance with state law. Here, our Laurens medical malpractice lawyer explains what injured patients need to know about medical malpractice South Carolina laws.
What Is Medical Malpractice in South Carolina?
Under South Carolina medical malpractice laws, medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to provide treatment that meets the accepted standard of care, and that failure causes injury to a patient.
Medical malpractice may include:
- Misdiagnosis
- Delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Failure to treat
- Failure to obtain informed consent
- Failure to monitor a patient
- Withholding test results
- Hospital negligence
To prove South Carolina medical malpractice, a patient must generally show that the healthcare provider acted negligently and that the negligence caused injury.
The Statute of Limitations for Medical Malpractice in South Carolina
One of the most important South Carolina medical malpractice laws involves the statute of limitations. This law sets the deadline for filing a lawsuit. The statute of limitations for medical malpractice is found in South Carolina Code § 15-3-545, which generally gives injured patients three years to file a medical malpractice lawsuit. In most cases, the three-year period begins on:
- The date the medical error occurred, or
- The date the injury was discovered (or should have been discovered)
However, South Carolina also has a six-year statute of repose, meaning a malpractice lawsuit generally cannot be filed more than six years after the medical error occurred, even if the injury was discovered later. There are exceptions to this deadline, including:
- Foreign objects left in the body
- Injuries involving minors
- Fraud or concealment
- Delayed discovery of malpractice
Because these deadlines are strict, injured patients should speak with a lawyer as soon as possible.
Notice of Intent and Expert Affidavit Requirements
One of the most unique parts of medical malpractice South Carolina law is that you cannot simply file a lawsuit immediately. South Carolina requires special pre-suit procedures.
Under South Carolina Code § 15-79-125, a patient must first file a Notice of Intent to File Suit before filing a medical malpractice lawsuit.
This law requires several important steps:
- File a Notice of Intent to File Suit
- Include an affidavit from a medical expert
- Serve the notice on the healthcare providers
- Participate in pre-suit mediation
- Attempt to resolve the case before filing a lawsuit
South Carolina law also requires an expert affidavit under S.C. Code § 15-36-100, which must state that a qualified medical expert believes malpractice occurred. If this affidavit is not filed, the case may be dismissed. After the Notice of Intent is filed, the parties must participate in mediation within approximately 90 to 120 days before the lawsuit can proceed. These procedural requirements make medical malpractice cases much more complicated than regular personal injury claims.
Mandatory Mediation in South Carolina Medical Malpractice Cases
Another important part of South Carolina medical malpractice laws is mandatory mediation. South Carolina law requires parties in medical malpractice cases to attempt mediation before the case goes to trial.
Under S.C. Code § 15-79-110, medical malpractice cases are subject to mediation or alternative dispute resolution before trial. This means many medical malpractice cases are resolved through settlement rather than trial.
Damages in South Carolina Medical Malpractice Cases
In a successful South Carolina medical malpractice claim, an injured patient may be able to recover compensation for damages such as:
- Medical bills
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
- Wrongful death damages
South Carolina also has damage caps in some medical malpractice cases, particularly for non-economic damages in medical malpractice claims against healthcare providers. These caps may change periodically based on inflation adjustments. One of our Laurens medical malpractice lawyers can help determine what compensation may be available in a specific case.
What Must Be Proven in a Medical Malpractice Case?
To win a medical malpractice South Carolina case, a patient must generally prove:
- A doctor-patient relationship existed
- The healthcare provider owed a duty of care
- The provider breached the standard of care
- The breach caused injury
- The patient suffered damages
In most cases, expert testimony is required to prove that the healthcare provider violated the standard of care.
Why Medical Malpractice Cases Are Difficult
Medical malpractice cases are among the most difficult types of personal injury cases because they require:
- Expert witnesses
- Medical record review
- Pre-suit notice requirements
- Mediation before filing suit
- Strict statute of limitations
- Complex medical evidence
- Aggressive defense by insurance companies and hospitals
Because of these requirements, many patients are unable to pursue claims without legal representation.
How a Laurens Medical Malpractice Lawyer Can Help
If you believe you were injured due to medical negligence, one of our Laurens medical malpractice lawyers can help by:
- Reviewing your medical records
- Consulting medical experts
- Filing the Notice of Intent
- Preparing the expert affidavit
- Handling mediation
- Filing the lawsuit
- Negotiating settlement
- Taking the case to trial if necessary
Medical malpractice cases are time-sensitive and legally complex, so it is important to speak with an attorney as soon as possible.
Contact a Laurens Medical Malpractice Lawyer Today
Understanding South Carolina medical malpractice laws is important if you believe a doctor or hospital caused your injury. These cases involve strict deadlines, expert affidavit requirements, mediation, and complex legal procedures. Missing a deadline or failing to follow the proper procedure can result in a case being dismissed.
If you or a loved one may have been injured by medical negligence, you should contact our Laurens medical malpractice lawyer as soon as possible. The team at McCravy, Newlon & Clardy will work to protect your rights and determine whether you have a claim under South Carolina medical malpractice law. We serve clients in the 29325 zip code and surrounding areas.