What to Do If You Think a Medical Mistake Hurt You
Your health comes first. A spouse or grown child can gather records and keep the dates straight.
- Keep getting treated. A new doctor or a second opinion is always an option.
- Request your records. Ask every hospital, clinic and office for a complete copy, including test results, imaging, nursing notes and bills.
- Build a timeline. List each visit, procedure, prescription and conversation by date, with what you were told and by whom.
- Save everything. Discharge papers, pill bottles, appointment cards, portal messages and insurance statements.
- Don't post about it. Facebook groups and neighborhood apps are not the place for this.
- Call a lawyer sooner rather than later.
Did a nurse or doctor say sorry, or explain what happened? Write that down with the date and the name. Hold on to letters mentioning an "unexpected outcome," a waived bill or a billing credit.
Steps Required Before a Lawsuit
South Carolina generally requires a special process before a malpractice suit can be filed. It includes serving a Notice of Intent to File Suit and filing an expert affidavit naming at least one alleged negligent act or omission, unless an exception applies. Mediation and special timing rules are part of it too.3 This process takes time to complete, so call well before your filing date.
How Long You Have
A malpractice claim generally must be filed within three years of the alleged malpractice or of when the injury was or reasonably should have been discovered. Many claims also have a six-year outer limit, with exceptions for certain foreign-object cases and claims involving children. The deadline can also turn on whether the provider is private, state, local or federal.1
The deadline is for a lawsuit, and an insurance claim doesn't stop it.4
Claims against South Carolina public healthcare providers may fall under the Tort Claims Act. Those generally have a two-year deadline, though following the Act's claim procedure may allow three years.5 Special requirements and damage limits may apply.2
Care at a VA hospital and some other federal facilities can fall under the Federal Tort Claims Act, where a written claim generally goes to the agency within two years, before any suit. Care at a military hospital doesn't always fall under that Act, though.6 People on active duty generally go through a separate claims route.7
Your time may already be running. The statewide page covers medical malpractice claims in South Carolina, and if a loved one died, see Mount Pleasant wrongful death claims.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
When care goes wrong, it's hard to know whom to trust. We begin with your account, start to finish. Medicine has real risks, and sometimes a hard outcome couldn't have been prevented. We'll tell you honestly which one we think it is.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
Walk us through the procedure or diagnosis and how your health has been since.
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 bad result alone doesn't mean malpractice. Malpractice generally means a provider broke from the accepted standard of care and that break caused harm.8 Often, another physician reviewing the chart helps answer that. Reviewing your chart with a lawyer is the first step.
Do I need my records before I call?
No. It's fine to start before the records arrive. Jot down the providers, the facilities, the dates and what you remember.
My mother died after treatment. Can our family bring a claim?
My care was at a VA clinic. Does that change anything?
Can we talk without me coming downtown?
Yes. The first conversation can happen by phone. Our office is on King Street in Charleston if you want to meet later.
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.
