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Johnathan MWhat Is Medical Malpractice in South Carolina?
Medical malpractice arises when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. To pursue a claim for your losses, four elements are essential:
Provider-patient relationship. A formal relationship is necessary. You were under the provider’s care when the negligent act occurred.
Breach of the standard of care. This is what a similarly trained provider would do under similar circumstances. Falling short of this standard forms the basis of a malpractice claim.
Causation. The breach must have directly caused your injury or worsened your condition. A poor outcome isn’t sufficient; negligence must be the cause.
Damages. You must have suffered actual harm, whether physical, financial, or both.
While these elements might seem straightforward, proving them requires intricate medical evidence and testimony from knowledgeable medical professionals. The process is rigorous and demands a methodical approach to gather all necessary documentation and skilled opinions.
Common Types of Medical Malpractice
Medical negligence can manifest in various forms. Common types seen in Greenville hospitals and clinics include:
Surgical errors. Mistakes such as wrong-site surgery, inadvertent tissue damage, and retained surgical instruments are grave errors that should never occur in a well-run operating room.
Misdiagnosis and delayed diagnosis. Failing to identify cancer, a heart attack, or a stroke in time can rob a patient of crucial treatment opportunities, or worse, their life.
Medication errors. Prescribing the wrong drug, incorrect dosages, or ignoring dangerous interactions can result in severe harm. For instance, if a doctor prescribes a medication without checking a patient’s allergic history, it could lead to a serious allergic reaction.
Birth injuries. Negligent care during labor and delivery can cause lifelong conditions like cerebral palsy and hypoxic brain damage.
Anesthesia errors. Errors such as administering incorrect anesthesia levels or mishandling intubation can lead to serious consequences, including brain damage.
Emergency room errors. ERs are hectic environments. Missteps such as incorrect patient triage, overlooking diagnoses, or premature discharges can have fatal outcomes.
Major healthcare facilities like Prisma Health (formerly Greenville Health System) and Bon Secours St. Francis, along with outpatient centers, must provide attentive care. When they fall short, legal options are available.
Damages You Can Recover
Successful malpractice claims can compensate for various losses:
Economic damages cover your measurable financial harm:
Past and future medical bills related to the malpractice
Costs of ongoing rehabilitation and long-term care
Lost wages and diminished earning capacity
Non-economic damages address the personal impact:
Physical pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement or permanent disability
South Carolina imposes caps on non-economic damages in malpractice cases, currently at $350,000 per individual healthcare provider and $1.05 million in total, regardless of how many providers are involved. These caps adjust periodically. Economic damages have no cap, making it essential to document every financial loss thoroughly.
If a loved one passed away due to a provider’s negligence, you might have grounds for a wrongful death claim. South Carolina law permits surviving family members to seek compensation for funeral expenses, lost financial support, and companionship loss. Learn more about pursuing a wrongful death claim.
South Carolina Medical Malpractice Law
South Carolina has distinct procedures that differentiate malpractice cases from other personal injury claims.
Affidavit requirement. According to S.C. Code § 15-36-100, plaintiffs need a medical professional’s affidavit with their complaint, affirming the breach of the standard of care by the defendant. Skipping this step can result in case dismissal before it starts.
Statute of limitations. Under § 15-3-545, you generally have three years from the date you discovered (or should have discovered) the malpractice to file suit, with a hard limit of six years from the negligent act’s date. Missing this deadline usually means forfeiting recovery rights.
Government entity providers. If negligence occurred at a state or county facility, like a public hospital, additional rules apply under the SC Tort Claims Act, including a six-month notification requirement. Swift action is crucial.
Non-economic damage caps. South Carolina limits compensation for pain and suffering. These caps affect how claims against multiple defendants are structured.
Nursing home and care facility residents are at a greater risk. If negligence results in neglect or mistreatment, families may have claims beyond standard malpractice. Understanding claims related to care facility neglect helps in exploring all available options.
Steps to Take After Suspected Medical Malpractice
If you suspect malpractice, your actions now are crucial:
Seek a second opinion immediately. Consult another provider to assess your condition. You’ll need both accurate medical care and documentation of any errors.
Request your medical records. Obtain your records from every provider without delay. Records can be amended or misfiled over time, and having them early can prevent critical information from being lost.
Document everything. Note dates, names, conversations, procedures, and symptoms. Your account carries significant weight.
Avoid discussing with the provider or insurer. Anything you say can be used to diminish your claim. Let your attorney manage communications.
Reach out to a malpractice attorney promptly. Though the three-year statute may sound lengthy, building a malpractice case takes time. Medical records need examination, professionals require retention to evaluate the standard of care, and filing requires preparation. Starting early strengthens your case.
Why Medical Malpractice Cases Are Complex
Malpractice litigation presents unique challenges.
First, medical professionals must testify about the required standard of care and how the defendant fell short. Retention and preparation of witnesses are both time-consuming and costly.
Second, the defense will have its professionals arguing for the provider’s reasonableness. The exchange of competing opinions can be drawn out.
Third, insurers and hospital systems defending against malpractice claims are resourceful and relentless. They realize these cases are expensive to litigate and often rely on plaintiffs giving up or accepting unfavorable settlements.
Choosing the right attorney matters. You need someone willing to invest time and resources to build a comprehensive case and take it to trial if needed.
How John Crangle Can Help
John Crangle, a Greenville personal injury attorney, treats medical malpractice cases with the gravity they warrant. He navigates South Carolina’s procedural intricacies, including affidavit requirements, damage caps, and statutes of limitations, to build strong cases for fair compensation.
John collaborates with clients across Greenville County, including Simpsonville, Mauldin, Greer, Easley, Travelers Rest, Anderson, and Spartanburg. If negligent medical care has harmed you in the Upstate, share your experience with him.
Legal proceedings for malpractice provide no second chances. Missing a critical deadline or affidavit can permanently end a case. Don’t wait to understand your position.
Get a free case review with John Crangle today. There’s no cost to consult, and no commitment required. If you have a viable case, John will offer an honest view of your options and the next steps.