When medical treatment leads to unexpected harm, patients often wonder whether the outcome was just unfortunate or the result of a preventable mistake. Every state handles medical malpractice differently, and South Carolina has specific laws that guide how these claims work, what patients must prove, and when they need to act.

If you’re worried that a medical provider didn’t meet the standard of care, it’s important to understand your rights and how the legal process works in this state.

What Counts as Medical Malpractice in South Carolina

Medical malpractice happens when a health care provider causes harm by failing to meet the accepted standard of care. This includes doctors, nurses, surgeons, specialists, and other professionals involved in a patient’s care. In South Carolina, not all bad outcomes are considered malpractice. You must be able to show that the provider acted negligently and that their actions directly caused injury.

To bring a claim, you must prove:

• A provider-patient relationship existed.
• The provider breached their duty of care.
• That breach caused your injury.
• You suffered damages like additional medical bills, pain and suffering, or lost income.

South Carolina’s Unique Requirements for Filing a Claim

Filing a malpractice claim in South Carolina involves more than submitting paperwork to the court. The state requires specific steps to help screen cases early and encourage fair settlements:

Notice of Intent

Before filing a lawsuit, you must serve a Notice of Intent to File Suit on the provider. This document outlines the claim and must include details about the care you received and how the provider allegedly caused harm.

Expert Affidavit

South Carolina law also requires a sworn affidavit from a medical expert. This affidavit must support the claim and state that the care you received fell below accepted standards.

Finally, you must file answers to standard discovery for the Defendant to review.

Mandatory Pre-Suit Mediation

Once the Notice of Intent is served, both sides are required to go through mediation. This step gives both parties a chance to resolve the issue without going to trial.

Understanding the Statute of Limitations in South Carolina

Timing is critical in malpractice cases. In South Carolina, the general deadline to file a lawsuit is three years from the date the injury occurred or the date you discovered the harm against a private entity, but only two years under the SC Tort Claim Act. However, there is an absolute six-year cap from the date of the act that caused the injury called the Statute of Repose.

If you miss this deadline, you could lose your right to take legal action entirely. There are very limited exceptions, such as cases involving minors or mental incapacity, but the safest approach is to speak with an attorney as soon as you suspect something went wrong.

Common Medical Malpractice Scenarios

Medical malpractice claims in South Carolina can involve a range of situations. Some of the most common include:

• Surgical mistakes such as operating on the wrong body part or leaving surgical tools inside the patient.
• Misdiagnosis or delayed diagnosis that leads to worsening conditions.
• Medication errors such as wrong prescriptions or harmful drug interactions.
• Birth injuries caused by improper monitoring or failure to act during labor.
• Hospital infections due to poor sanitation or lack of infection control.

Even if your situation doesn’t fall into one of these categories, you could still have a valid case if negligence caused harm.

What Damages Can Be Recovered in a South Carolina Malpractice Case?

If your case is successful, you might be able to recover several types of damages, including:

• Medical expenses to treat the injury caused by malpractice.
• Lost wages if you couldn’t work due to the injury.
• Pain and suffering for physical or emotional distress.
• Future medical care if the injury requires long-term treatment.

South Carolina also places a cap on non-economic damages, like pain and suffering. As of 2025, that cap is $580,461 for most providers, though it adjusts over time. These limits apply per defendant and per incident.

Keep in mind that these caps do not guarantee any specific recovery amount. Every case is unique, and outcomes depend on the facts involved.

When to Contact a Medical Malpractice Attorney

Medical malpractice cases are complex and often require expert testimony, detailed records, and strong legal strategy. Trying to handle one without an attorney is rarely in your best interest.

An experienced attorney can help you:

• Understand whether your case qualifies as malpractice.
• Gather medical records and expert opinions.
• Navigate the pre-suit requirements and court filings.
• Advocate for the best possible outcome for your case.

Protecting Your Rights Starts with Understanding the Law

If you’ve been harmed by poor medical care, you need to know how South Carolina’s laws protect your rights and what steps to take. From short deadlines to specific legal requirements, the process is not something to take lightly. But with the right legal support, you can pursue justice and financial recovery.

Winslow Law has offices in Myrtle Beach, Pawleys Island, and Columbia, and proudly serves clients throughout South Carolina. Our attorneys have the knowledge and experience to walk with you through every step of a malpractice case.

Winslow Law—Committed counselors for our clients and community.

FAQs

 

1. How long do I have to file a medical malpractice claim in South Carolina?

Most malpractice claims must be filed within two or three years from the date of injury based on who the Defendant is or the date the harm was discovered. However, South Carolina law also sets a six-year maximum limit from the date the negligent act occurred, even if the injury was discovered later. Don’t wait to seek legal guidance if you think something went wrong.

2. What is the difference between a bad outcome and malpractice?

A bad outcome is when a treatment doesn’t go as hoped, even if no one made a mistake. Malpractice happens when a provider fails to follow accepted medical standards and causes preventable harm. The key difference is whether negligence was involved.

3. Do I need an attorney to file a malpractice claim in South Carolina?

Yes, in nearly all cases. Malpractice claims in South Carolina require an expert affidavit, a Notice of Intent, and mediation before going to court. An experienced attorney will know how to meet these legal requirements and protect your rights from the start.