What to Do If You Think a Medical Mistake Hurt You
Your health comes first. A spouse or adult child can gather records and keep the timeline while you get care.
- Keep getting care. A second opinion or a new doctor is fine if you've lost trust, whether that doctor is in Bluffton, Savannah or back home.
- Request records. Ask every hospital, ER, imaging center and office for a complete copy: test results, scans, nursing notes and bills.
- A dated list. Appointments, the procedure, each new medicine, and the conversations in the hallway or by phone.
- Keep the paper. Discharge sheets, pill bottles, appointment cards, portal messages and insurance statements.
- Keep it offline. Share details with your doctors and your lawyer, not on social media.
- Call early.
Did a nurse or surgeon say sorry, or explain a slip? Note it down that day. A hospital letter offering to waive a bill or describing an "adverse event" belongs in the file too.
Who Runs the Facility Can Matter
Some South Carolina hospitals are run by public bodies, and people living near the bases around Beaufort may get care at military clinics. A lawyer can find out who runs a facility, because that can change the rules and the deadline.1
Steps Required Before a Malpractice Suit
Before filing a medical malpractice lawsuit in South Carolina, a patient generally must serve a Notice of Intent to File Suit and file an expert affidavit identifying at least one alleged negligent act or omission, unless a statutory exception applies. The process also includes pre-suit mediation and special rules that affect filing deadlines.3 Because this takes time, raise it with a lawyer long before the limit runs out.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Long You Have to File
South Carolina generally requires medical malpractice claims to be filed within three years of the alleged malpractice or when the injury was discovered or reasonably should have been discovered. Many claims are also subject to a six-year outer limit, but special rules and exceptions apply, including certain foreign-object cases and claims involving children.1 The limit is for a lawsuit, so an insurance claim doesn't stop it.4
Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act.2 Lawsuits under the Act generally must be filed within two years after the loss was or should have been discovered, and a three-year deadline may apply if a qualifying verified claim was first filed.5
Injury claims against the federal government, such as care at a VA hospital or military clinic, generally must first be filed in writing with the agency within two years, before any lawsuit. Not every claim tied to treatment on a base runs through that Act, though.6 Active-duty service members generally cannot sue the federal government for malpractice incident to service, though they may be able to file an administrative claim with the Department of Defense.7
Don't assume the clock hasn't started.
Talk With Us
A medical mistake can break your trust in people you counted on. Tell us the whole story. Medicine has real risks, and sometimes a hard result is nobody's fault. Either way, you'll get an honest read from us on what we see and what options may exist.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. More is on our page about South Carolina medical malpractice claims. If it happened in long-term care, see nursing home neglect near Hilton Head.
Call and tell us about the treatment and what changed after.
South Carolina Law on This
- South Carolina generally requires medical malpractice claims to be filed within three years of the alleged malpractice or when the injury was discovered or reasonably should have been discovered. Many claims are also subject to a six-year outer limit, but special rules and exceptions apply, including certain foreign-object cases and claims involving children. The applicable deadline can also depend on whether the provider is a private, state, local, or federal healthcare entity.1
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.2
- Before filing a medical malpractice lawsuit in South Carolina, a patient generally must serve a Notice of Intent to File Suit and file an expert affidavit identifying at least one alleged negligent act or omission, unless a statutory exception applies. The process also includes pre-suit mediation and special rules that affect filing deadlines.3
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.4
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.5
- Injury claims against the federal government, such as care at a VA hospital, military clinic or some federally funded health centers, or a crash with an on-duty federal employee, generally must first be filed in writing with the agency within two years, before any lawsuit. If the agency denies the claim, a lawsuit generally must be filed within six months after the agency mails its written denial.6
- Active-duty service members generally cannot sue the federal government for medical malpractice involving care received incident to military service. However, they may be eligible to seek compensation through an administrative claim with the Department of Defense for malpractice by a DoD health care provider at a covered military medical facility.7
- A medical malpractice claim generally requires proof of an applicable professional standard of care, a breach of that standard, causation, and compensable injury. A poor medical outcome does not by itself mean malpractice occurred.8
- In South Carolina, a wrongful death lawsuit is brought by the personal representative of the deceased person's estate on behalf of family members designated by law. The beneficiaries are the surviving spouse and children, or, if there are none, the deceased person's parents. If none of those relatives survive, other legal heirs may benefit from the claim.9
- Under South Carolina law, wrongful death lawsuits generally must be filed within three years of the person's death. However, different rules may apply when a death involves medical malpractice, a government agency, or other circumstances governed by special laws. A related survival claim may also have a different filing deadline.10
Frequently Asked Questions
How can I tell malpractice from a bad result?
A poor medical outcome does not by itself mean malpractice occurred. A claim generally requires proof of a professional standard of care, a breach of it, causation and a compensable injury.8 Other medical providers' opinions often help, and a lawyer can review the records to see whether it's worth looking further.
Do I need my chart before I call?
No. Request it if you can, but bring what you have: the names of the doctors and facilities, the dates and what you remember.
My father died after surgery. Can our family bring a claim?
Sources
- S.C. Code § 15-3-545
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-79-125 and 15-36-100
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-80 and 15-78-110
- 28 U.S.C. §§ 2401(b) and 2675(a); 42 U.S.C. § 233(g)
- Feres v. United States, 340 U.S. 135 (1950); 10 U.S.C. § 2733a
- S.C. Code § 15-79-110(6); David v. McLeod Regional Medical Center, 367 S.C. 242 (2006)
- S.C. Code §§ 15-51-10 and 15-51-20
- S.C. Code §§ 15-3-530(6) and 15-3-545
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
