South Carolina Medical Malpractice Laws
Each state has their own set of medical malpractice laws in place, and it is important for patients to understand those laws and how they could affect their case. The following are the basics of the laws in South Carolina.
When you discuss state malpractice laws for South Carolina, it is usually medical malpractice, and this is when a medical professional does not provide the appropriate standard of care. That might mean failing to diagnose properly, failing to treat properly, or using an unreasonable delay in treating a formally diagnosed condition.
Interestingly enough, if you are considering filing a malpractice action in the state, you have a much longer statute of limitations than many other locations. According to state malpractice laws for South Carolina, you are given up to three years from which the injury or loss occurred (or reasonably should have been discovered) to file the action.
People who were minors within that time span are exempt from that initial statute, but will have to take action within seven years of the date that the event occurred.
This means you’ll want to still move quite quickly if you feel that a medical provider failed to deliver the appropriate standard of care. Though the state malpractice laws for South Carolina do give you those three years or more, in that time you have to prove that the incident occurred, that it led to your injury or loss, and that the negligence occurred.
That is a lot of work, but within the state malpractice laws for South Carolina you will find a few rules that actually help you to build your case. For example, the state does not impose any restrictions on expert witnesses and their testimony – thus, you can consult with someone who is expert in the area that relates to the issue and have them stand up for you in court or in arbitration.
Seek Legal Assistance From the Malpractice Center
Mistakes made by surgeons, physicians, and other healthcare professionals can have severe and life-altering consequences. You have the right to seek compensation if you’ve been injured because of your medical provider’s negligent actions.
It takes work to stand up against a medical professional or facility. But with the help of a medical malpractice lawyer, you can have a strong case and get fairly compensated. Contact the Malpractice Center now if you’re worried about finding an attorney. We’ll connect you with the most experienced lawyer specializing in your case.
South Carolina Liability and Caps
There is also the matter of liability – which can include the parties responsible for the loss or injury as well as the hospital. The latter is called vicarious liability, and it is a special set of guidelines that can be used to seek compensation even if the medical provider was not an official employee of a hospital. The standard liabilities in medical malpractice cases are described as joint or several.
According to state malpractice laws for South Carolina, the rules of joint and several liability apply. This means that more than one defendant can be determined to be liable for the injury or loss, and that each is responsible for their additional portion as well as the entire amount if one defendant is unable to pay. These liabilities, though are limited to twice their prorated share of any damages if they are less than 50% liable.
The amount sought in damages, according to state malpractice laws for South Carolina, is unlimited. There are no caps on medical malpractice damages, and there are also no caps or limits on what attorneys may charge in these cases either. Additionally, “South Carolina patient’s compensation fund pays verdicts or settlements in excess of $200,000.00 per incident, or $600,000.00 aggregate for one year.” (ExpertLaw)
And even with all of these points covered, we have yet to touch on many other issues that relate directly to a malpractice case in South Carolina. Because so many people are harmed or even killed annually due to medical malpractice, it is important to pursue any claims you make with proper legal assistance. An attorney or law firm with experience in South Carolina malpractice claims is going to be an invaluable asset in your fight for compensation.
Don’t hesitate to pursue a medical malpractice case if you have suffered injury or loss at the hands of healthcare providers. It is never easy to pursue claims from your doctors, but if negligence was involved, it is your right to do so.
- ExpertLaw. South Carolina. https://www.expertlaw.com/library/malpractice_by_state/South_Carolina.html
Damage Caps in South Carolina
The noneconomic damages cap is $350,000 for one health care provider and $1.05 million if the claim is against multiple defendants, except when the defendant caused the noneconomic damages due to gross negligence, wilful or wanton action, or reckless behavior.
Limits on Medical Malpractice in South Carolina
Section 15-32-220 of the South Carolina Code of Laws set the initial limit for medical malpractice damages in 2005. For actions against one defendant, the limit was $350,000 per claimant. For actions involving multiple defendants, each claimant’s noneconomic damages from all defendants may not exceed $1,050,000.
The law also provides for modification of the caps based on the Consumer Price Index, which is posted on the South Carolina Revenue and Fiscal Affairs Office website. As of January 2022, the limit for noneconomic damage claims related to medical malpractice committed by a single healthcare provider is $512,773.
If the judgment involves two or more defendants, the noneconomic damage cap is set at $1,538,319. An institution or single healthcare provider will not pay more than $512,773 for noneconomic damages.
However, these caps do not apply to the following circumstances: