What to Do If You Think a Medical Mistake Hurt You
Your health comes first. A family member can request records and keep the timeline while you focus on treatment.
- Get the care you need now. You can ask for a second opinion or see a different provider if you've lost trust in the first one.
- Request your medical records. Ask each hospital, clinic and doctor's office for a full copy. Include test results, imaging, nursing notes and billing records.
- Write a timeline. List each visit, procedure, prescription and conversation with dates. Note what you were told and by whom.
- Keep everything. Save discharge papers, prescription bottles, appointment cards, patient portal messages and insurance statements.
- Stay off social media about it. Share details with your doctors and your lawyer instead.
- Talk to a lawyer early.
If a provider apologized or explained what went wrong, write down what was said, who said it and when. If you received a letter about an "unexpected outcome" or a billing adjustment, keep it.
Does South Carolina Require Anything Before Filing a Medical Malpractice Lawsuit?
Yes. South Carolina generally requires a patient to complete a special pre-suit process before filing a medical malpractice lawsuit. This includes serving a Notice of Intent to File Suit and filing an expert affidavit identifying at least one alleged negligent act or omission, unless an exception applies. The process also involves mediation and special filing deadlines.3
Because these requirements can affect the timing and viability of a claim, talk with a lawyer well before the limitations period expires.
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. The applicable deadline can also depend on whether the provider is a private, state, local or federal healthcare entity.1
The filing deadline is for a lawsuit in court, and an insurance claim does not stop it.4
Medical malpractice claims involving South Carolina governmental healthcare providers may be subject to the South Carolina Tort Claims Act. These claims generally have a two-year filing deadline, although following the applicable statutory claim procedure may permit three years.5 Special requirements and limits on damages may also apply.2
Care at a VA hospital and some other federal facilities can fall under the Federal Tort Claims Act, and a claim under that Act generally must first be presented in writing to the federal agency within two years, before any lawsuit. That requirement applies to claims under the Federal Tort Claims Act, not necessarily to every claim arising from treatment at a military facility.6 Active-duty service members, for example, generally follow a different process.7
It's risky to assume your clock has not started. A lawyer can explain how this works for you.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
A medical mistake can shake your trust in the people you relied on most. We take that seriously, and we start by listening to the whole story. Medicine carries real risks, and some cases turn out to be a hard outcome that no one could have prevented. Either way, we'll be straight with you, about what we see and what your options may be.
Our firm is based in Charleston and takes medical malpractice cases across South Carolina. If the harm happened in a long-term care setting, see our page on nursing home abuse and neglect. If a medical mistake took the life of someone you love, see our page on wrongful death claims.
Tell us about the treatment and what changed for you afterward.
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 do I know if what happened was malpractice or just a bad outcome?
A poor medical outcome does not automatically mean malpractice occurred. A claim generally requires evidence that a healthcare provider failed to meet the applicable standard of care and that the failure caused an injury.8 Expert opinion from other medical providers often helps answer these questions. A lawyer can review the records and decide whether further investigation is warranted.
Do I need my medical records before I call a lawyer?
No. It helps to request them, but you don't need to have them in hand. Write down the names of the providers and facilities, the dates you were seen and what you remember.
A family member died after treatment. Can the family bring a claim?
A wrongful death claim may be available if medical negligence caused the person's death. In South Carolina, a wrongful death lawsuit is generally brought by the deceased person's personal representative on behalf of eligible beneficiaries.9 Medical malpractice filing requirements and special deadlines may also apply, so families should seek legal advice promptly.310
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.
