Yes, hospitals in Charleston can be sued for medical malpractice under South Carolina law. A hospital may be liable directly for its own failures, such as negligent hiring or inadequate systems, or indirectly through the actions of employees acting within the scope of their duties. Before any lawsuit can be filed, South Carolina law imposes mandatory procedural steps, including a Notice of Intent to File Suit and a qualified expert affidavit, that must be completed before the courthouse doors open.
What Medical Malpractice Means Under South Carolina Law
South Carolina defines medical malpractice at S.C. Code Section 15-79-110 as doing what the reasonably prudent health care provider or health care institution would not do, or failing to do what the reasonably prudent health care provider or health care institution would do, under the same or similar circumstances. The definition applies equally to individual physicians and to health care institutions such as hospitals.
To succeed in a medical malpractice claim against a hospital, an injured patient must establish four elements. The hospital owed the patient a duty of care. The hospital, or someone acting on its behalf, breached that duty. The breach caused the patient's injury. And the injury resulted in actual, measurable harm. Each of these elements must be supported by evidence, typically including the testimony of a qualified medical expert who can explain what the standard of care required and where it was not met.
How a Hospital Can Be Held Liable
Hospitals face liability through two distinct pathways, and understanding both is important when evaluating a potential claim.
Direct institutional liability arises from the hospital's own decisions and systems. When a hospital negligently hires staff without adequate credentialing review, fails to maintain appropriate nurse-to-patient staffing ratios, allows unsafe equipment to remain in service, or permits inadequately trained personnel to perform procedures, the hospital itself bears responsibility for those institutional failures. This form of liability does not depend on any individual employee's conduct.
Vicarious liability arises from the actions of hospital employees performing work within the scope of their employment. Under the doctrine of respondeat superior, recognized in South Carolina courts, an employer is responsible for the negligent acts of its employees when those acts occur during the course of employment. Nurses, technicians, residents, and other employed staff are generally covered under this theory. An error by an employed nurse during a procedure, for example, is an error that can be attributed to the hospital.
Independent contractor physicians present a more nuanced issue. Hospitals sometimes argue that a physician was an independent contractor rather than an employee, limiting the hospital's vicarious liability for that physician's actions. South Carolina courts have examined this question in a number of cases, and the analysis focuses on the degree of control the hospital exercised over how the physician performed the work, not merely what the employment contract states.
Common Forms of Hospital Malpractice in Charleston
Charleston is home to some of the region's major medical institutions, including academic and teaching hospitals. The complexity of care provided at these facilities creates multiple points where systemic failures can harm patients. Among the most frequently litigated categories of hospital malpractice are the following.
- Surgical errors: Wrong-site surgery, retained surgical instruments, anesthesia errors, and post-operative complications arising from inadequate monitoring.
- Emergency room negligence: Failure to timely triage a patient, misdiagnosis or delayed diagnosis of time-sensitive conditions such as stroke, heart attack, or sepsis, and premature discharge before stabilization.
- Medication errors: Administering the wrong drug, the wrong dose, or failing to flag dangerous drug interactions, errors that frequently originate in pharmacy or nursing processes rather than physician decisions.
- Birth injuries: Failure to respond appropriately to signs of fetal distress, improper use of delivery instruments, or delays in ordering an emergency cesarean section.
- Hospital-acquired infections: When inadequate sanitation protocols or improper catheter or IV line maintenance causes a patient to develop a preventable infection during their admission.
The Procedural Requirements Before You Can File
South Carolina imposes mandatory pre-litigation requirements on every medical malpractice plaintiff that are unique compared to standard personal injury claims. Missing or mishandling either requirement can result in dismissal of an otherwise valid case.
Under S.C. Code Section 15-79-125, a plaintiff must file a Notice of Intent to File Suit simultaneously with a qualified expert affidavit before any complaint can be filed in court. The Notice must identify all defendants, contain a plain statement of the facts supporting the claim, and be served on all named parties. Filing the Notice tolls the statute of limitations, meaning the clock pauses from the date of filing.
The expert affidavit, required under S.C. Code Section 15-36-100, must be prepared by a qualified medical professional in the same or a substantially similar field as the defendant. The affidavit must state the expert's opinion that at least one act or omission by the defendant constituted a departure from the applicable standard of care. Without this affidavit, the case cannot proceed.
The 90-Day Notice Period and Mandatory Mediation
After the Notice of Intent is filed, there is a 90-day window before a formal complaint can be filed in court. During this period, mandatory prelitigation mediation is required. If mediation resolves the dispute, no lawsuit is filed. If it does not, the plaintiff may proceed to court. This process adds time but also creates an early opportunity for resolution without full litigation.
The Statute of Limitations and the Six-Year Cap
South Carolina's medical malpractice statute of limitations, found at S.C. Code Section 15-3-545, gives injured patients three years to file from the date of the negligent act or from the date the patient discovered, or reasonably should have discovered, the injury and its connection to the medical treatment. However, the statute also contains a hard outer limit known as a statute of repose: no claim may be filed more than six years after the date of the treatment giving rise to the claim, regardless of when the harm was discovered.
The six-year repose period is particularly significant in cases involving misdiagnosis or injuries that develop gradually, where a patient may not recognize the connection between their current condition and prior hospital treatment until years have passed. In those situations, the three-year limitations period and the six-year outer limit must both be examined to determine whether a claim can still be pursued.
What Damages Are Available and What the Law Caps
South Carolina law permits injured patients to seek two broad categories of compensation in a hospital malpractice case. Economic damages, covering past and future medical expenses, lost wages, loss of earning capacity, and other financial losses, are not subject to any cap. Whatever amount a jury determines is necessary to compensate the full economic impact of the harm can be awarded in full.
Non-economic damages, covering pain and suffering, emotional distress, and loss of enjoyment of life, are subject to the statutory limits found at S.C. Code Section 15-32-220. The cap is $350,000 per defendant and per health care institution, with a total ceiling of $1,050,000 per claimant when multiple defendants are involved. These caps are adjusted annually for inflation. They do not apply, however, when the jury finds that the hospital acted with gross negligence, willful and wanton conduct, or when the hospital engaged in fraud or destroyed medical records. In those circumstances, there is no ceiling on non-economic recovery.
Thinking About a Hospital Malpractice Claim in Charleston? Kahn Law Firm Is Here.
At Kahn Law Firm LLP, our Board Certified personal injury attorneys have represented patients harmed by hospital and healthcare negligence throughout the Charleston area. Our medical malpractice practice includes the full range of hospital liability claims, from emergency room failures and surgical errors to birth injuries and medication harm. We understand the procedural requirements that South Carolina imposes and the expert resources needed to build a case that holds a hospital accountable.
If you believe a hospital's negligence caused you or a family member serious harm, the time to act is now. Contact our office or call 843-920-5690 for a free, confidential consultation. We take medical malpractice cases on contingency, so you pay nothing unless we recover compensation for you.
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.