How South Carolina Courts Evaluate Cancer Misdiagnosis Claims

Cancer misdiagnosis is a particularly fraught type of medical error, given the severe and often life-altering consequences it can have on patients and their families. While not every mistake in diagnosis amounts to medical malpractice, understanding how South Carolina courts evaluate such claims can help affected individuals make informed decisions about their legal options. This blog post aims to provide a comprehensive overview of what criteria the South Carolina legal system uses to assess cancer misdiagnosis cases.

What Constitutes Medical Malpractice?

In general, medical malpractice occurs when a healthcare provider deviates from the standard of care expected in the medical community, causing injury or harm to a patient. In the context of cancer misdiagnosis, it could mean:

  • Failing to identify signs of cancer when symptoms are presented
  • Misidentifying the type or stage of cancer
  • Failing to order appropriate diagnostic tests
  • Misinterpreting test results

The Role of Expert Witnesses

In South Carolina, the plaintiff must often rely on expert witnesses to establish the standard of care and how it was breached. These experts are usually healthcare providers who are specialists in the area of medicine relevant to the case. Their testimony can make or break the case, outlining the accepted practices in diagnosing and treating the specific type of cancer involved and identifying any deviations from this standard in the plaintiff’s care.

Proving Causation

It’s not enough to show that a healthcare provider made an error. The plaintiff must also prove that the error directly led to additional harm. In cancer misdiagnosis cases, this could mean:

  • Worsening of the cancer due to delayed treatment
  • Unnecessary suffering due to incorrect treatment
  • Psychological distress

Damages and Compensation

Damages in medical malpractice claims can be categorized as economic, non-economic, and punitive. Economic damages cover medical bills and lost wages, while non-economic damages might include compensation for pain, suffering, and emotional distress. Punitive damages, which are less common, may be awarded in cases where the defendant’s actions were particularly egregious.

Statute of Limitations

In South Carolina, the general rule is that a medical malpractice lawsuit must be filed within three years of the discovery of the injury or from the date when the injury should have been discovered. Failure to file within this timeframe generally disqualifies the case.

Caps on Damages

South Carolina law places a cap on non-economic damages in medical malpractice cases, which as of my last update in September 2021, is $350,000 per defendant and $1.05 million total. However, there are exceptions to these caps in cases involving gross negligence, recklessness, or intentional misconduct.


Medical malpractice cases, particularly those involving cancer misdiagnosis, are highly complex and emotionally charged. Understanding how these claims are evaluated by South Carolina courts can offer some clarity to those contemplating legal action. If you believe you have been a victim of cancer misdiagnosis, it’s crucial to consult an attorney with expertise in South Carolina’s medical malpractice laws for personalized guidance.