If you’re considering filing a medical malpractice lawsuit in South Carolina, it’s important to understand what qualifies as malpractice, the legal steps involved, and what must be proven to succeed in your claim. In this blog, we break down common types of medical negligence, the phases of a medical malpractice lawsuit, key deadlines under state law, and the types of damages you may be entitled to recover.
What is Medical Malpractice?
Medical malpractice is negligence by a healthcare provider that deviates from the accepted standard of care. This negligence must result in harm to the patient to be considered medical malpractice, such as wrongful death.
Six of the most common types of medical malpractice are surgical errors, anesthesia errors, medication errors, birth injuries, delayed diagnosis or misdiagnosis, and defective medical devices. These include, but are not limited to, operating on the wrong part of the body, failing to identify prescription interactions, and failing to administer the appropriate tests and procedures to determine a diagnosis.
Knowing the common types of medical malpractice is important, but it’s natural to feel overwhelmed when considering legal action. Filing a medical malpractice lawsuit in South Carolina involves several important stages and deadlines, and you deserve to know what the legal journey will look like. Here’s what you can expect during a medical malpractice lawsuit.
What Should I Expect During a Medical Malpractice Lawsuit in South Carolina?
Medical malpractice lawsuits follow a specific legal path with several required steps before a case ever reaches trial. Whether you’re just starting to explore your options or you’re ready to move forward with a lawsuit, understanding the procedures involved is essential. Here’s what you should expect during each phase of a medical malpractice lawsuit in South Carolina.
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Pre-Lawsuit
A Notice of Intent to File Suit and an affidavit from an expert witness are required before you can file a medical malpractice lawsuit in South Carolina. The affidavit from the expert witness will define the standard of care and how your health provider deviated from that standard.
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Discovery Phase
During the discovery phase, both parties will present information relevant to the lawsuit. This includes medical records, photos and videos, witness statements, additional expert witness statements, and any other relevant information to your claim.
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Mediation
Before a medical malpractice lawsuit in South Carolina will head to trial, both parties must attend pre-litigation mediation with a neutral third party. If the parties are not able to come to a resolution following mediation through the neutral third party, the claim can be filed.
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Filing the Lawsuit
If mediation did not resolve the dispute, a summons and complaint are filed. This sends the dispute to trial where the evidence will be heard by a judge or jury.
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Trial
During a trial for a medical malpractice lawsuit in South Carolina, both sides will present their evidence to a judge or jury. This includes cross-examining witnesses.
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Verdict and Appeals
Once the judge or jury has rendered a verdict, either party can appeal.
What Are the Four Things That Must Be Proven to Win a Medical Malpractice Lawsuit?
To win a medical malpractice lawsuit in South Carolina, simply proving that a healthcare provider made a mistake isn’t enough. The law requires that four specific elements be proven: duty, breach, causation, and damages. Each of these components plays a critical role in building a strong medical malpractice case.
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Duty
Healthcare providers have a duty to provide a recognized standard of care.
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Breach
Evidence must show that the healthcare provider breached their duty to provide a recognized standard of care.
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Causation
The breach of duty by the healthcare provider directly caused harm or injury to the patient.
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Damages
Due to the breach of duty by the healthcare provider, the patient suffered harm or injury. Damages can include financial losses, physical injury, and emotional pain and suffering.
What is the Statute of Limitations for Medical Malpractice in South Carolina?
In South Carolina, a medical malpractice must be filed within two years or three years from the date of the alleged malpractice or the date the harm or injury was discovered, depending on the parties involved. However, a medical malpractice lawsuit cannot be filed in South Carolina more than six years after the date of the alleged malpractice, no matter when the harm or injury was discovered. Different rules may apply when a medical malpractice lawsuit concerns minors or cases involving fraud or concealment.
Because the statute of limitations can significantly impact your right to pursue compensation, it’s important to speak with an experienced South Carolina medical malpractice attorney as soon as possible. An attorney can help you determine how much time you have left and take quick action to protect your rights.
What Are the Potential Damages in Medical Malpractice Claims?
When a healthcare provider’s negligence leads to serious injury, the consequences can be both financially and emotionally overwhelming. In South Carolina, victims of medical malpractice have the legal right to pursue compensation for a wide range of damages. These include both economic and noneconomic damages.
Economic damages include past and future medical bills, reimbursement of lost income, the costs of assistive devices and equipment, home and vehicle modifications, rehabilitation costs, and compensation for lost earning capacity due to your injury. Other financial losses that are a direct result of the medical malpractice can also be included in economic damages awarded.
Noneconomic damages include physical and emotional pain and suffering, emotional distress, disfigurement and scarring, the loss of companionship and intimacy with a spouse due to the injury, and the inability to engage in activities or hobbies because of the injury.
Recovering damages in a medical malpractice lawsuit is about accountability and ensuring your future is protected. Whether you’re facing long-term medical costs or dealing with emotional trauma, South Carolina law allows you to pursue meaningful compensation. Contact an experienced medical malpractice attorney today to discuss your case.
Contact our Medical Malpractice Lawyers in South Carolina at Harvey & Battey Today
Medical malpractice cases are complex, and South Carolina law has specific requirements that must be met to pursue a successful personal injury lawsuit. This blog has walked you through what medical malpractice is, how medical malpractice lawsuits in South Carolina unfold, what must be proven in court, the types of compensation you may be entitled to receive, and more. But every case is different, and the experience of a trusted medical malpractice lawyer in South Carolina can help you meet important deadlines and gather the evidence needed to pursue compensation.
If you or a loved one has suffered due to medical malpractice, turn to our trusted team of South Carolina personal injury attorneys: William B. Harvey III, Thomas A. Holloway, J. Samuel Scoville, and Austin Blake. They bring decades of experiences and a deep commitment to seeking justice for victims of medical negligence.
As a full-service law firm proudly serving Beaufort and the Lowcountry for over 100 years, Harvey & Battey combines legal excellence with personalized care and local insight. Contact us today for a free initial consultation and let our legacy work for you.