South Carolina Medical Malpractice

South Carolina medical malpractice lawsuits allege healthcare professionals in South Carolina have failed to provide care that meets a certain standard. South Carolina medical malpractice lawsuits can be filed against medical professionals or organizations, including doctors, nurses, hospitals, medical facilities, or other entities that offer medical care. Under South Carolina laws, medical malpractice refers to instances in which a professional or organization provides care that a reasonably prudent professional would not provide.

South Carolina medical malpractice claims are sometimes referred to as medical negligence claims. Medical negligence occurs when the health care professional carries out his or her job duties in a manner that does not meet an acceptable standard of care. Situations in which a health care provider has made an honest mistake do not necessarily meet the negligence threshold. To be medical negligence the provider must have acted in a way that is contrary to how a reasonable professional would have acted.

To prove negligence or malpractice, the plaintiff must show that he or she had a provider/patient relationship, that the provider carried out his or her duties in a negligent manner, that the negligence caused an injury, and that the injury led to damages.

Typically, medical malpractice claims fall into one of three categories:
 

• Failure to properly diagnose.
• Failure to properly treat a condition.
• Failure to obtain informed consent before starting treatment.

Patients filing a South Carolina medical malpractice claim are generally required to provide relevant medical reports, diagnoses, expert testimony, medical files, and physical evidence to support their allegations.
  South Carolina medical malpractice lawsuits can be filed against the person who is believed to be directly responsible for the negligence that caused harm or injury. Depending on the circumstances surrounding the claim, the hospital, nursing home, or organization where the treatment was provided may also be liable for medical negligence claims.

The statute of limitations in South Carolina is typically three years from the time the negligence occurred or should reasonably have been discovered. In some cases, the statute of limitations can be extended.

Plaintiffs in South Carolina medical malpractice lawsuits may be eligible to recover medical costs related to the negligence, lost income or wages, pain and suffering, and in some cases, punitive damages.

In January 2016, a South Carolina woman was awarded $6.9 million in her medical malpractice lawsuit against a radiologist and his employer after the radiologist allegedly read the plaintiff's mammogram incorrectly. As a result of the incorrect reading, the plaintiff, Leanna Loud, was not flagged for treatment for breast cancer. Had she been flagged, she alleged, her cancer could have been cured. Instead she is now considered terminal.
 

South Carolina Medical Malpractice Legal Help

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Last updated on Aug-27-20