Charleston Medical Malpractice Lawyers

South Carolina generally requires specific pre-suit steps before a medical malpractice lawsuit can proceed. These include:

• Notice of Intent to File Suit: File and serve a formal notice identifying the defendants and summarizing the basis of the claim.
• Expert Witness Affidavit: Submit an affidavit from a qualified medical expert that meets the requirements of S.C. Code § 15-36-100, addressing at least one alleged violation of the applicable standard of care.
• Pre-Suit Mediation: The parties generally must participate in mediation within 90 to 120 days after the Notice of Intent is served, unless the court grants an extension.

If mediation does not resolve the dispute, the claimant may proceed with filing a summons and complaint, subject to applicable deadlines. (S.C. Code § 15-79-125)

These requirements can be complex, particularly when you are already dealing with the consequences of a medical injury. Hoffman Law Firm can help you understand the pre-suit process, evaluate the circumstances of your claim, and determine what steps may be necessary to seek accountability for medical negligence.

South Carolina generally requires medical malpractice actions to be filed within three years of the treatment or occurrence that caused the injury, or three years from when the injury was discovered or reasonably should have been discovered, subject to a six-year limit from the occurrence. Exceptions and special rules may apply. (S.C. Code § 15-3-545)

Foreign objects left in the body: A different deadline may apply when a medical provider inadvertently or unintentionally leaves a foreign object in a patient’s body. These claims generally must be brought within two years of discovery or when the object reasonably should have been discovered, subject to statutory qualifications.

Because the deadline depends on the circumstances, do not assume you have additional time simply because the injury was discovered later. Hoffman Law Firm can help review the timeline of your treatment and discovery, assess which deadlines may apply, and explain your options for pursuing accountability for harm you or a family member experienced.

Claims involving government-operated healthcare facilities may follow different procedures and deadlines from claims against private providers.

• South Carolina government entities: Certain claims may be governed by the South Carolina Tort Claims Act. The Act establishes specific liability limits and other requirements. The applicable limit depends on the circumstances and should be verified under S.C. Code § 15-78-120.
• Filing deadlines: Claims under the Tort Claims Act generally have a two-year limitations period, with a potential three-year period in specified circumstances. Notice and other statutory requirements may also apply.
• Federal facilities: Claims involving the Ralph H. Johnson VA Medical Center or another federal healthcare facility may be subject to the Federal Tort Claims Act. These claims generally require an administrative claim before a lawsuit can be filed. Information is available through the U.S. Department of Veterans Affairs.

The facility’s ownership, the identity of the responsible provider, and the type of claim can affect your options. Hoffman Law Firm can help you identify the appropriate legal process, understand the deadlines and notice requirements that may apply, and evaluate possible next steps toward holding responsible parties accountable.

South Carolina law limits certain non-economic damages in medical malpractice cases. These damages may include compensation for pain, suffering, emotional distress, and impairment.

• Economic damages: Medical expenses, lost income, and other qualifying financial losses are generally not subject to the same statutory cap on non-economic damages.
• Non-economic damages: Under S.C. Code § 15-32-220, statutory limits apply. The baseline limit is $350,000 against a single healthcare provider and $1.05 million against multiple healthcare providers, subject to statutory provisions and annual adjustments.
• Exceptions: The statute includes exceptions to these limits in specified circumstances, including certain cases involving gross negligence, recklessness, or intentional misconduct.

The applicable limits depend on the defendants, the facts of the case, and the law in effect when the claim is resolved. The South Carolina Revenue and Fiscal Affairs Office provides information about statutory adjustments.

Hoffman Law Firm can help you understand how these limits may affect your claim, identify the financial and personal losses that may be relevant, and assess the circumstances that could influence the compensation available under South Carolina law.

The proper court depends on where the claim arose, the parties involved, and applicable venue rules.

• Charleston County: Many state-court medical malpractice lawsuits are filed in the Court of Common Pleas for the Ninth Judicial Circuit.
• Berkeley and Dorchester counties: The appropriate circuit and venue depend on the county and the circumstances of the claim. Do not assume that the location of a hospital alone determines where a lawsuit must be filed.
• Federal claims: Certain claims involving federal law or federal healthcare providers may follow a separate process. Federal jurisdiction is not automatic simply because a healthcare provider is located in Charleston.

In some circumstances, yes. A hospital may be legally responsible for negligent medical care depending on the doctor’s relationship with the hospital and the circumstances of the treatment.

• Employee negligence: A hospital may be liable for negligence by employees acting within the scope of their employment.
• Independent contractors: A doctor may not be a hospital employee, but the hospital could still face liability under applicable legal doctrines, including apparent agency or a nondelegable duty in certain circumstances.
• Patient expectations and representations: Courts may consider how the hospital presented the physician’s role and whether the patient reasonably believed the physician was acting on the hospital’s behalf.

South Carolina courts have addressed hospital responsibility for emergency-room physicians in cases such as Simmons v. Tuomey Regional Medical Center. However, hospital liability is not automatic, and the outcome depends on the facts and applicable law.

Hoffman Law Firm can help investigate the relationship between the hospital and the physician, review the circumstances of your treatment, and assess whether the hospital, the doctor, or another healthcare provider may be legally responsible for the harm you experienced.

Patients generally have the right to request access to their medical records, subject to applicable law. Under S.C. Code § 44-115-30, patients may request copies of medical records from covered healthcare providers.

• Submit a request: Contact the provider’s Health Information Management department or medical records office. The provider may require a signed authorization and identification.
• Request relevant records: Depending on your care, records may include physician notes, nursing documentation, test results, imaging, discharge instructions, and treatment histories.
• Electronic records: Providers may offer records electronically or on paper. Federal access requirements are explained by the U.S. Department of Health and Human Services.
• Fees and timing: Applicable copying fees, processing times, and exceptions depend on state and federal requirements.

If you are concerned that a medical error caused harm, preserving relevant records can help you understand what happened and allow a qualified medical expert to evaluate the care you received. An attorney can also help identify records that may require a formal request or legal process.

Hoffman Law Firm can help you identify the records needed to investigate your concerns, evaluate whether the available documentation may support a medical malpractice claim, and determine what additional evidence or expert review may be necessary.