What to Do If a Medical Mistake Hurt You
Your health still comes first. A son, daughter or spouse can chase down records and build the timeline while you get the care you need.
- Keep getting treatment. A second opinion or a new provider is always an option if you have lost trust.
- Request your complete records from every office, clinic and hospital: test results, imaging, nursing notes and bills.
- Put it on a calendar. Mark each appointment, surgery, new medicine and phone call, and add a line about what you were told.
- Keep a shoebox for the paper trail: the discharge packet, the pill bottles, portal printouts and every explanation-of-benefits letter.
- Keep it off social media.
If a provider apologized or explained what went wrong, write down the words, the speaker and the date. Keep any letter about an "unexpected outcome" or a bill being written off.
Medical Care Around Summerville
People in Summerville get care at hospitals and freestanding ERs in town, at practices along North Main Street and in Nexton, and at doctors' offices in North Charleston and downtown Charleston. When something goes wrong, the records may be spread across several offices, so collecting them all early helps.
Steps Required Before a Lawsuit
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 an exception applies. The process also includes pre-suit mediation and special rules that affect filing deadlines.3 Because those steps take time, it makes sense to talk with a lawyer well before the clock 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
South Carolina generally requires medical malpractice claims to be filed within three years of the alleged malpractice or of when the injury was discovered or reasonably should have been. Many claims are also subject to a six-year outer limit, with exceptions that include some foreign-object cases and claims involving children. The deadline can also turn on whether the provider is a private, state, local or federal entity.1
The deadline is for filing in court, and an insurance claim does not stop it.4
Claims involving a South Carolina government healthcare provider may fall under the Tort Claims Act. Those generally have a two-year limit, though following the statutory claim procedure may allow three years.5 Extra requirements and damage caps may also apply.2
Care at a VA hospital or some other federal facilities can fall under the Federal Tort Claims Act, which generally requires a written claim to the federal agency within two years, before any lawsuit. That rule covers Federal Tort Claims Act claims, not necessarily every claim tied to care at a military facility.6 Service members on active duty generally cannot sue the federal government over care incident to service, though an administrative claim may be available.7
Don't assume your clock hasn't started. A lawyer can look at your dates. For the full statewide overview, see South Carolina medical malpractice claims.
Talk With Us
When care goes wrong, it is hard to know whom to believe. We hear the whole story first. Medicine carries real risk, and sometimes a hard outcome was not preventable. Either way, we tell you what we see and what options you may have.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If the harm happened in long-term care, see nursing home neglect around Summerville.
Call and tell us about the treatment and what changed 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
Can I talk to you by phone?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
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 that standard, causation and a compensable injury.8 Doctors outside the case often weigh in on those points before anyone decides whether to dig deeper.
Should I have my chart before I call?
No. Requesting it helps, but you can call without it. Jot down each doctor, office and facility, the dates you were seen and what you remember from each visit.
My mother died after treatment. Can our family bring a claim?
A wrongful death claim may be possible if medical negligence caused the death. In South Carolina, a wrongful death lawsuit is brought by the personal representative of the estate on behalf of family members designated by law.9 Malpractice filing steps and special deadlines may also apply, so talk with a lawyer soon.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.
