When you put your trust in a doctor, nurse, or hospital, you expect safe, competent care. Unfortunately, medical mistakes happen. Some of those mistakes result in serious injuries or long-term harm. If that happens to you or someone you love, you might have a medical malpractice case.

This guide breaks down what medical malpractice in South Carolina really means, how the legal process works, and what patients can do to protect their rights.

What Is Medical Malpractice?

Medical malpractice happens when a health care provider fails to follow the standard of care expected in their profession, and that failure causes harm to a patient. In South Carolina, doctors, nurses, hospitals, and other licensed providers can be held responsible if their actions, or in some cases, their lack of action, result in avoidable injury.

Not every bad outcome means malpractice happened. The law focuses on whether the provider acted in a way that a reasonably competent professional would not have under the same circumstances.

How Do You Prove Medical Malpractice in South Carolina?

South Carolina law requires patients to prove four main things in a malpractice case:

• Duty of care – The provider had a legal duty to treat you.
• Breach of that duty – The provider failed to meet the standard of care.
• Causation – That failure caused your injury.
• Damages – You suffered harm, such as physical pain, financial loss, or emotional distress.

These cases usually require expert testimony. That means a qualified medical expert must review the case and confirm that your provider’s actions fell below the accepted medical standard.

Common Examples of Medical Malpractice

Some types of malpractice happen more often than others. Examples include:

• Surgical errors, like operating on the wrong body part or leaving tools inside a patient.
• Misdiagnosis or delayed diagnosis, which can prevent proper treatment.
• Medication mistakes, such as prescribing the wrong drug or dosage.
• Birth injuries, which may occur during delivery or prenatal care.
• Anesthesia errors, including failure to monitor vital signs during surgery.

If something feels wrong after medical care and you’re not getting clear answers, it’s a good idea to ask an experienced attorney to review what happened.

What Is the Statute of Limitations for Medical Malpractice in South Carolina?

In South Carolina, patients usually have two or three years to file a medical malpractice lawsuit. That clock typically starts from the date of the injury or from the date the injury should have been discovered with reasonable diligence.

There is also a six-year overall limit from the date of the incident, regardless of when the injury is discovered. Some exceptions exist, such as when the patient is a child or the provider intentionally concealed the wrongdoing, but those are rare.

If you think you were harmed by a medical mistake, it’s important to talk to an attorney as soon as possible. Waiting too long could cost you your right to recover damages.

What Kind of Damages Are Available?

If you can prove malpractice, South Carolina law allows you to seek several types of damages, including:

• Economic damages – These cover things like medical bills, lost wages, and future care needs.
• Non-economic damages – These address pain, suffering, and loss of quality of life.
• Punitive damages – In rare cases, if the provider’s actions were reckless or intentional, additional damages might be awarded to punish that behavior.

South Carolina caps non-economic damages in most malpractice cases, and those limits vary depending on how many defendants are involved. Every case is different, so your attorney will walk you through what you might be entitled to based on your unique situation.

How Do You Start a Medical Malpractice Claim?

In South Carolina, the process begins with a Notice of Intent to File Suit. This is a formal document that includes a short statement of the claim, supporting evidence, and a sworn affidavit from a qualified medical expert. Before a case can proceed to court, both sides must take part in a pre-suit mediation, which is an effort to resolve the dispute early.

If mediation doesn’t result in a settlement, then the case can proceed to litigation.

Medical malpractice cases can be complex and require strict attention to deadlines, legal rules, and medical records. That’s why it’s critical to have an experienced attorney guide you from the start.

Why It Helps to Work With a South Carolina Medical Malpractice Attorney

These cases often involve large hospitals, insurance companies, and defense lawyers whose job is to protect their clients from liability. Without an attorney on your side, it’s easy to feel overwhelmed or worse, to get taken advantage of.

A local attorney understands South Carolina malpractice laws, court procedures, and the medical experts needed to help prove your case. They can help you gather records, build your claim, and fight for the fair outcome you deserve.

What to Do If You Suspect Medical Malpractice

Medical malpractice in South Carolina is a serious issue, but patients are not powerless. Whether it’s a misdiagnosis, surgical error, or birth injury, you have the right to expect safe and competent care. If something went wrong, it’s worth having your case reviewed by a qualified attorney.

Winslow Law is here to help. With offices in Myrtle Beach, Pawleys Island, and Columbia, our experienced attorneys provide thoughtful, effective representation for clients across the state.

Winslow Law—Committed counselors for our clients and community.

FAQs

1. What is considered medical malpractice in South Carolina?

Medical malpractice happens when a health care provider fails to meet the standard of care and causes injury to a patient. This might involve a mistake in diagnosis, surgery, medication, or other forms of treatment. Not every bad outcome qualifies as malpractice, it depends on whether the provider acted in a way a reasonable professional would not have.

2. How long do I have to file a medical malpractice lawsuit in South Carolina?

You generally have two or three years from the date of the injury or from the time you reasonably discovered the injury. However, you can never file more than six years after the incident, except in rare situations. It’s important to speak with an attorney quickly so you don’t miss your chance to file.

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

Yes, having a lawyer is essential in a malpractice case. These claims require expert medical opinions and must go through pre-suit mediation. A skilled attorney will help you meet deadlines, gather the right evidence, and advocate for the full compensation you might be owed.