Do I Need a Lawyer for a Medical Malpractice Case in Charleston?
When you believe a doctor, nurse, hospital, or other healthcare provider was negligent in your care, it is natural to wonder whether you can handle the claim on your own. In South Carolina, however, medical malpractice cases are different from most personal injury claims. They involve technical pre-suit requirements, strict deadlines, and expert testimony that is often necessary before a lawsuit can even be filed.
Understanding these requirements can help explain why many people who suspect medical negligence choose to speak with an attorney early in the process, before deadlines pass or important evidence is lost.
What Counts as Medical Malpractice in South Carolina
Under South Carolina law, medical malpractice means doing something a reasonably prudent health care provider would not do, or failing to do something a reasonably prudent provider would do, under the same or similar circumstances. Most claims fall into one of three broad categories: failure to properly diagnose a condition, failure to properly treat a condition, or failure to obtain a patient's informed consent.
In practice, this can look like several different situations:
- A delayed or missed diagnosis of a serious condition
- An error made during surgery
- A medication or dosage error
- An anesthesia error
- A birth injury caused by negligent care during labor or delivery
Not every bad outcome qualifies. A claim generally requires showing that a provider failed to use reasonable care, and that this failure, rather than an unavoidable risk of treatment, caused the harm.
The Pre-Suit Requirements That Make These Cases Different
South Carolina does not allow a medical malpractice lawsuit to be filed right away. Before going to court, a person must first file a Notice of Intent to File Suit, along with an affidavit from a qualified expert witness. Filing this notice is generally required.
Once the notice is properly filed and served, the parties are generally required to participate in a mediation conference, typically within ninety to one hundred twenty days, in an effort to resolve the dispute before a lawsuit is even filed. If mediation does not resolve the matter, the case moves forward to a formal complaint in court.
Important: The expert affidavit filed with the Notice of Intent must identify at least one specific negligent act or omission and the factual basis for that claim. South Carolina law generally requires the expert to have relevant professional knowledge or experience in the same or a closely related area of practice as the provider to be sued. An expert outside the exact same specialty may still qualify in some circumstances, but an affidavit that does not meet the statutory requirements can result in dismissal before the case ever gets underway.
Why Expert Testimony Plays Such a Large Role
Because most jurors and judges are not trained medical professionals, South Carolina generally requires expert testimony to establish what the applicable standard of care was and how the provider's conduct fell short of it. This goes beyond the pre-suit affidavit. Expert witnesses are typically needed throughout the case to explain complex medical records, testify about causation, and counter the opinions offered by the defense.
Identifying the right expert, one with both the right credentials and the willingness to testify against another provider, can be one of the more difficult parts of building a malpractice claim.
Deadlines You Cannot Miss
South Carolina generally requires a medical malpractice claim to be filed within three years of the treatment, omission, or operation that gave rise to the claim, or three years from when the injury was discovered or reasonably should have been discovered, under South Carolina Code Section 15-3-545. Regardless of when discovery occurs, there may be an outer limit of six years from the date of the underlying treatment, with limited exceptions, such as for claims involving a retained foreign object, fraud, or certain claims involving a minor.
Because the Notice of Intent and expert affidavit must be filed timely, and because gathering medical records and securing an expert takes time, waiting too long to start the process can put an otherwise valid claim at risk.
Damages and the Non-Economic Damages Cap
A successful claim may allow recovery of several types of damages, including medical expenses, lost wages, pain and suffering, and in rare cases involving particularly egregious conduct, punitive damages. Economic damages, such as medical bills and lost income, are generally not capped under South Carolina law.
Non-economic damages, covering things like pain, suffering, and loss of enjoyment of life, are different. South Carolina Code Section 15-32-220 sets a base limit on non-economic damages recoverable from a single health care provider, with a higher combined limit when multiple providers are found liable. This limit is adjusted upward each year to account for inflation, so the dollar figure that applies depends on specific facts and when the claim arose. Calculating how a recovery is likely to be affected by this cap is part of evaluating any potential claim.
Why People Often Work With an Attorney for These Claims
Given this area of the law and its complexities, it is easy to see why most people pursuing a medical malpractice claim in Charleston choose not to go through the process alone. An attorney can help with:
- Complying with the Notice of Intent and expert affidavit requirements within the statutory deadlines
- Identifying each potentially liable party, including doctors, hospitals, and other staff
- Locating and working with qualified medical experts
- Managing the mandatory mediation process
- Evaluating how the non-economic damages cap may affect a potential recovery
Hospitals and insurance carriers in these cases are represented by experienced legal teams from the beginning, which is why most injured patients choose to have their own representation as well.
Talk to a Charleston Medical Malpractice Attorney
If you believe you or a loved one was harmed by medical negligence, Kahn Law Firm, LLP can help you understand your options. Our personal injury attorneys handle medical malpractice cases throughout Charleston and the surrounding areas. Reach out through our contact page or call 843-920-5690 to schedule a free consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.