How to File a Medical Malpractice Claim in South Carolina

When medical treatment does not go as expected, it can be difficult to determine whether the outcome resulted from an unavoidable complication or from a healthcare provider’s negligence. A poor result alone does not necessarily establish medical malpractice. South Carolina law requires a patient to meet specific legal requirements before pursuing compensation for injuries caused by negligent medical care.

Filing a medical malpractice claim also involves procedures that differ from many other personal injury cases. South Carolina generally requires an injured patient to take certain steps before filing a lawsuit, including obtaining an expert’s affidavit and providing a formal Notice of Intent to File Suit. Understanding these requirements can help you recognize what may be involved in pursuing a claim.

Determine Whether You May Have a Medical Malpractice Claim

The first step is determining whether the facts support a claim for medical negligence. Medical malpractice may involve a doctor, nurse, hospital, dentist, or another healthcare provider who fails to meet the applicable standard of care.

Examples can include a failure to properly diagnose a condition, surgical errors, medication mistakes, inadequate monitoring, or other acts or omissions that fall below the required standard of care.

However, an injury following medical treatment does not automatically mean malpractice occurred. Healthcare providers are not generally responsible for every complication or unsuccessful outcome. A viable claim usually requires evidence that the provider breached the applicable standard of care and that the breach caused the patient’s injury.

Because medical negligence cases often involve complex medical and legal questions, discussing the circumstances with a South Carolina medical malpractice attorney can help determine whether further investigation is appropriate.

Gather Relevant Medical Records

Medical records can provide much of the information needed to evaluate a potential claim. Patients should preserve records related to the treatment at issue, including hospital records, physician notes, diagnostic test results, imaging, prescriptions, discharge instructions, and records from follow-up appointments.

It can also be useful to keep documentation showing how the injury affected your life. Depending on the circumstances, this may include medical bills, employment records, information concerning missed work, and records of additional treatment required after the alleged error.

A complete timeline can also be valuable. Write down when symptoms appeared, when you sought treatment, what healthcare providers told you, and when you learned that something may have gone wrong. These details may become important when determining when the injury was discovered and whether the claim remains within the applicable filing period.

Pay Attention to the Statute of Limitations

South Carolina places time limits on medical malpractice lawsuits. Under South Carolina Code Section 15-3-545, an action generally must be commenced within three years from the date of the treatment, omission, or operation that gave rise to the claim, or within three years from the date the injury was discovered or reasonably should have been discovered. The statute generally provides an outside limit of six years from the date of the occurrence. Certain situations, including claims involving a foreign object, are subject to different rules.

These deadlines can be affected by other circumstances, including statutory tolling provisions. As a result, someone who believes they may have a malpractice claim should not assume there is plenty of time simply because the injury was discovered after treatment.

Waiting too long can prevent an otherwise valid claim from being pursued. An attorney can review the relevant dates and determine which deadlines may apply.

Obtain an Expert Review

Medical malpractice claims typically require professional medical knowledge to establish whether the standard of care was violated. South Carolina law addresses this through specific expert affidavit requirements.

Under Section 15-36-100, an expert affidavit generally must identify at least one negligent act or omission and provide the factual basis for the claim based on the evidence available when the affidavit is prepared. The law also establishes qualifications for experts providing opinions concerning the acceptable conduct of the healthcare professional involved.

There are limited exceptions to the requirement, including certain matters that fall within common knowledge and do not require specialized medical learning. There is also an exception involving claims that are approaching the expiration of the limitations period and in which an affidavit cannot reasonably be prepared before filing.

For most medical malpractice cases, however, an attorney will need to identify an appropriately qualified medical professional who can review the records and provide the necessary opinion.

File a Notice of Intent to File Suit

South Carolina has a pre-lawsuit process that applies to medical malpractice actions. Before filing or initiating a civil action alleging injury or death resulting from medical malpractice, the plaintiff generally must file a Notice of Intent to File Suit along with the required expert affidavit in a county where venue would be proper.

The notice must identify the parties who may be defendants and provide a short statement explaining the facts supporting the claim. It must also comply with applicable procedural requirements and be served on the named defendants.

Filing the Notice of Intent to File Suit also tolls applicable statutes of limitations under South Carolina law.

This process is one reason medical malpractice cases should not be treated like ordinary injury claims. There are procedural requirements that must be handled correctly before a lawsuit can proceed.

Participate in the Pretrial Process

After the Notice of Intent to File Suit has been filed and served, the parties may obtain medical records and other potentially relevant documents through the procedures established by South Carolina law. Depositions may also be available with court permission.

South Carolina also requires mediation before a medical malpractice action proceeds to trial. The purpose of this process is to give the parties an opportunity to resolve the dispute without going through a full trial.

A settlement may be appropriate in some cases, while others may require litigation. The decision depends on the evidence, the nature of the injuries, the positions of the parties, and other factors affecting the claim.

File the Lawsuit When Appropriate

If the claim cannot be resolved during the pre-lawsuit process, the next step may be filing a civil complaint against the responsible healthcare provider or facility.

The complaint identifies the parties, explains the allegations, describes the legal basis for the claim, and states the damages being sought. The required expert affidavit and other procedural requirements must also be satisfied.

At this stage, the case may involve additional discovery, including requests for documents, interrogatories, depositions, and further expert testimony. The defense may challenge the allegations or present evidence supporting its position.

The litigation process can take time, particularly when the medical issues are complicated or multiple healthcare providers are involved.

Understand What Damages May Be Available

The damages available in a medical malpractice case depend on the injuries and circumstances involved. A claim may seek compensation for medical expenses, lost income, future medical care, pain and suffering, and other losses supported by the evidence.

In a wrongful death case, surviving family members may have claims for losses associated with the death of a loved one.

South Carolina law also places limits on certain types of damages in medical malpractice cases under particular circumstances. The specific limitations that apply can depend on the defendants involved and the nature of the claim.

An attorney can evaluate the losses associated with the injury and explain which categories of damages may be available.

Work With an Attorney Familiar With South Carolina Law

Medical malpractice claims require more than showing that treatment produced a bad result. The evidence must establish the applicable standard of care, demonstrate how the healthcare provider allegedly departed from that standard, and connect the negligence to the resulting injury.

South Carolina’s requirements concerning expert affidavits, Notices of Intent to File Suit, pre-litigation procedures, and filing deadlines make these cases especially important to evaluate carefully from the beginning.

If you believe negligent medical treatment caused you harm, gathering your records and speaking with a South Carolina medical malpractice lawyer can be an important first step. An attorney can review the circumstances, identify the deadlines that may apply, determine whether expert review is necessary, and explain the process for pursuing a claim.