Complexities of South Carolina Medical Malpractice Laws

South Carolina medical malpractice laws and damage limits are state-specific rulings that are difficult to understand, especially without experience. Various statutes and acts govern the timelines, procedural steps, and damages for medical malpractice cases in South Carolina. These rules apply to negligence claims against liable healthcare parties, which may include doctors, nurses, anesthesiologists, surgeons, hospitals, and other medical personnel.

While medical malpractice technically falls under personal injury, the case law, regulations, and statutes are more complex and technical for these lawsuits. As such, anyone pursuing a medical lawsuit in South Carolina should find a legal team with knowledge about the intricacies of these cases to make sure recovery is fair and appropriate.

What Qualifies as Medical Malpractice in South Carolina?

The South Carolina Code of Laws defines medical malpractice as:

“Doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.”

In other words, medical malpractice refers to a negligent act or omission by a healthcare provider or hospital that leads to substandard treatment, causing injury, illness, or harm to the patient.

Examples of malpractice include:

• Failure to diagnose an illness, or a misdiagnosed condition
• Wrongly prescribing medication or prescribing the incorrect dosage
• Surgical errors or an incorrect procedure

Statute of Limitations in South Carolina Malpractice

Before filing a malpractice lawsuit in South Carolina, you must verify the Statute of Limitations didn’t lapse. Failure to file before this expiration date may bar your case from the courts. Not all cases have straightforward expiration dates, and calculating the eligibility time frame must be undertaken carefully and accurately.

The time limit for malpractice claims is generally three years, but the rules can vary by the date of harm, and the discovery of harm. Additionally the statute of limitation for a governmental facility is generally two years. A minor harmed by malpractice may have up to seven years to file or until their 18th birthday, whichever comes first.

Procedural Requirements of Medical Malpractice Lawsuits in South Carolina

Lawsuit requirements vary state by state for many types of claims, including medical malpractice. In South Carolina, malpractice law requires specific complaint conditions and procedures to be met. South Carolina malpractice claims must hew to the following two mandatory requirements:

Notice of Intent To File Suit

A Notice of Intent to File Suit is a prerequisite for filing a lawsuit per South Carolina medical malpractice laws. This Notice includes an affidavit from an expert witness and a statement of facts showing the party is entitled to relief, among other information. The purpose of this step in medical malpractice lawsuits is to prevent frivolous claims from reaching the courts.

Mediation

South Carolina medical malpractice laws require an attempt at mediation before going to court. These procedures must begin within a certain time frame from when the Notice of Intent to File Suit was served. If an agreement cannot be reached, the medical malpractice lawsuit may be filed with the clerk of the court. This filing must be completed within 60 days of the impasse or end of the designated meetings or before the South Carolina Statute of Limitations lapses, whichever comes first.

Witness Requirements for Medical Malpractice in South Carolina

In South Carolina, expert testimony is a requirement for malpractice claims. Not everyone qualifies as a “medical expert” worthy of giving an opinion on a malpractice case and not all testimony is admissible in court. South Carolina is one of only a few states that have not formally adopted one of two admissibility standards (Frye or Daubert).

Instead, South Carolina uses modified rulings to govern expert witnesses in medical malpractice cases. Because medical jargon and other technical information may be difficult for a jury to understand, the admissibility requirements help ensure the witness testimony offers scientifically valid information.

Calculating Losses Due to Malpractice in South Carolina

South Carolina medical malpractice damage limits are set by the South Carolina Legislature and apply to economic (medical expenses, care, rehab, loss of earnings, burial costs), and non-economic (pain, suffering, mental anguish, humiliation) compensation. Deciphering the South Carolina medical malpractice laws  is not a cut-and-dry process.

Knowing what constitutes medical malpractice in South Carolina will only get you so far—proving your case in correspondence with the laws requires experienced legal counsel. Don’t let the complexities of South Carolina malpractice laws convince you that seeking retribution is too complicated. Let Bell Legal Group help fight for your rights so you can focus on your healing and health.