When Medical Care Causes More Harm
Sharpe & Leventis, LLC represents patients and families harmed by medical negligence in Columbia and surrounding South Carolina communities.
We examine the medical records, investigate what went wrong, work through the requirements of a medical malpractice claim, and help clients determine whether the evidence supports holding a healthcare provider accountable.
What Is Medical Malpractice in South Carolina?
A bad medical outcome does not automatically mean malpractice occurred.
South Carolina law defines medical malpractice generally as a healthcare provider or institution doing something a reasonably prudent provider would not do—or failing to do something a reasonably prudent provider would do under the same or similar circumstances.
In practical terms, a viable case typically requires evidence that:
A Standard of Care Applied
The healthcare provider was expected to provide care consistent with the applicable professional standard.
The Provider Failed to Meet That Standard
An act or omission fell below what an appropriately careful provider would have done under similar circumstances.
The Failure Caused Harm
It is not enough to identify a mistake. The evidence must connect that mistake to an injury or worsening condition.
The Patient Suffered Damages
The malpractice must have resulted in measurable harm, such as additional medical treatment, disability, lost income, pain, or other losses.
Medical Malpractice Cases We Handle
Medical negligence can occur during diagnosis, treatment, surgery, medication management, and other stages of care. Our firm can evaluate cases involving:
Misdiagnosis
Failing to correctly identify a condition can delay necessary treatment and allow an illness or injury to worsen.
Delayed Diagnosis
Even when the eventual diagnosis is correct, an unreasonable delay can cause serious harm when timely treatment would have made a difference.
Surgical Errors
Claims may involve preventable mistakes before, during, or after a surgical procedure.
Emergency Room Negligence
Emergency departments must often make decisions quickly, but patients are still entitled to care that meets the applicable standard.
Medication Errors
The wrong medication, incorrect dosage, prescribing errors, or failures in medication management can result in serious injury.
Anesthesia Errors
Mistakes involving anesthesia administration or patient monitoring can have severe consequences.
Birth Injuries
Preventable errors during pregnancy, labor, or delivery may cause lasting injuries to a mother or child.
Failure to Obtain Informed Consent
Certain cases involve whether a patient was properly informed about material risks and alternatives before agreeing to treatment.
Treatment Errors
A provider may reach the correct diagnosis but still provide inappropriate or negligently performed treatment.
Wrongful Death
When medical negligence results in death, surviving family members may have legal options under South Carolina law.
Who Can Be Responsible for Medical Malpractice?
South Carolina's medical-malpractice statute expressly covers a range of licensed healthcare providers and healthcare institutions. Depending on the circumstances, a claim may involve:
- Doctors and Surgeons
- Hospitals and Healthcare Institutions
- Nurses
- Dentists and Oral Surgeons
- Pharmacists
- Physician Assistants and Other Licensed Providers
- Medical Practices or Healthcare Organizations
Medical Malpractice Claims Work Differently in South Carolina
South Carolina imposes specific steps before a medical-malpractice action can proceed.
Expert Review and Affidavit
Before filing the underlying malpractice action, the claimant generally must have an appropriately qualified expert identify at least one negligent act or omission through an expert affidavit.
Notice of Intent to File Suit
South Carolina generally requires the claimant to file a
Notice of Intent to File Suit before initiating the civil malpractice action. The notice is filed with the required expert affidavit and identifies the parties and basic facts supporting the claim.
Prelitigation Mediation
The parties then participate in a pre-suit mediation process designed to give them an opportunity to address the dispute before the traditional lawsuit proceeds.
How Sharpe & Leventis Handles a Medical Malpractice Claim
01
We Learn What Happened
We begin with the patient's medical history, treatment, outcome, and concerns about where the care may have gone wrong.
02
We Review the Medical Evidence
Medical records, imaging, test results, treatment notes, and other documentation can help establish what happened and when.
03
We Evaluate the Standard of Care
Medical-malpractice cases often depend on qualified expert analysis of what an appropriate healthcare provider should have done under the circumstances.
04
We Identify the Responsible Parties
A case may involve an individual provider, medical practice, hospital, or multiple parties.
05
We Document the Harm
We examine the additional treatment, lost income, long-term effects, and other losses caused by the alleged malpractice.
06
We Navigate South Carolina's Pre-Suit Requirements
If the evidence supports a claim, the case must be handled in accordance with South Carolina's expert-affidavit, notice, and mediation requirements.
07
We Prepare for What Comes Next
If the matter cannot be appropriately resolved, we prepare the case for litigation based on the medical evidence and facts.
What Compensation May Be Available?
Medical malpractice can create new medical problems—or turn an existing health issue into something much more serious. Depending on the facts, damages may include:
- Additional medical expenses
- Future treatment and rehabilitation
- Lost wages
- Reduced future earning ability
- Pain and suffering
- Permanent impairment or disability
- Scarring or disfigurement
- Other losses caused by the malpractice
If medical negligence results in death, separate damages may be available through a wrongful death or related claim.
How Long Do You Have to File a Medical Malpractice Claim in South Carolina?
In general, a claim must be brought within three years from the treatment, omission, or operation that caused the injury, or three years from when the injury was discovered or reasonably should have been discovered.
The statute also generally imposes a six-year outer limit from the occurrence, subject to specific rules and exceptions. Special rules apply in some circumstances, including cases involving certain foreign objects left in a patient's body.
Filing the required Notice of Intent can also toll applicable limitation periods under South Carolina's medical-malpractice procedure.
Frequently Asked Questions
Is every medical mistake considered malpractice?
No. Medicine does not guarantee a particular result, and complications can occur even when appropriate care is provided. A malpractice claim generally requires evidence that the healthcare provider failed to meet the applicable standard of care and that the failure caused an injury.
Do I need an expert for a medical malpractice case in South Carolina?
Generally, South Carolina requires an expert affidavit identifying at least one negligent act or omission as part of the pre-suit medical-malpractice process, subject to the applicable statutory rules.
Can I sue both a doctor and a hospital?
Potentially. Responsibility depends on who provided the care, the relationship between the providers and facility, and how the injury occurred. Some cases may involve more than one healthcare provider or institution.
What if I did not discover the medical error immediately?
South Carolina's statute includes a discovery component, but it also generally imposes an outer time limit. Because the rules can depend on the circumstances, a potential claim should be reviewed promptly rather than relying on the discovery rule alone.
What records should I keep if I suspect medical malpractice?
Keep any medical records you already have, discharge instructions, prescriptions, bills, test results, correspondence, photographs, and a timeline of your treatment and symptoms. An attorney can determine what additional records may need to be obtained.
Contact Our Columbia Law Firm for a Free Consultation Today.
If you believe a medical error caused you or someone you love serious harm, tell
Sharpe & Leventis, LLC what happened. We can help you understand whether the circumstances warrant a closer legal review.