It is devastating to learn that a doctor or other healthcare professional has been negligent in the care of you or a loved one. You have entrusted a doctor to help you with a medical issue, but they have let you down. It is overwhelming to have a poor medical prognosis, increasing medical bills for the additional medical issues, and the stress of trying to figure out how to deal with the entire situation. If this has happened, you might be able to file a medical malpractice lawsuit.
What is Medical Malpractice in South Carolina?
The South Carolina Code of Laws outlines the remedies and procedures in medical malpractice actions. Medical malpractice is defined as “doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.” Essentially, if a medical professional is negligent in treating you and causes injury, you might be the victim of medical malpractice.
Common types of medical malpractice in South Carolina include misdiagnosing an individual’s condition, failing to diagnose an individual’s condition, delayed or unreasonable treatment, failure to treat a patient when it is necessary to do so, birth injuries, prescription errors (both prescribing the wrong prescription or some error in filling the prescription), and many others.
Who Can Be Sued for Medical Malpractice?
In South Carolina, there is a wide array of individuals and entities who can be held liable for medical malpractice. Doctors, nurses, or other individuals licensed to practice or perform health services can be held liable in a medical malpractice suit. Additionally, healthcare entities such as a hospital, clinic, nursing home, or other healthcare entities can be also held liable for medical malpractice.
Is there a Statute of Limitations for Medical Malpractice?
If you have been injured, you need to act quickly. There is a statute of limitations for filing medical malpractice claims. The injured party has three years from the date of negligence to file their suit OR three years from when the injured party discovered their injury or should have discovered the injury, whichever is earlier. However, there are situations when the statute of limitations is only two years, so you should seek a consultation as soon as possible after the malpractice occurs.
While there is the above three-year filing deadline from the discovery of an injury, the injured party cannot file suit more than six years after the negligence occurred. This means that even if an injured party discovers an injury six and a half years after the negligent act, they are not able to file a medical malpractice suit. The only exception to this is in the case of a minor child. A minor has until one year after their 18th birthday, or seven years from the negligent act, whichever is earlier.
If you or a loved one have been injured because of the negligence of a health care provider, contact Double Aught Injury Lawyers to see if you have a viable medical malpractice case. Contacting an attorney right away is essential to the success of your claim. Contact Double Aught Injury Lawyers today for a FREE case review today.
Bryan Ramey is a Personal Injury Attorney who practices in the upstate of South Carolina. He graduated from The University of South Carolina School of Law, and has been practicing law for 27 years now. Bryan Ramey believes in representing the injured. Learn more about his experience by clicking here.