Greenville medical malpractice lawyer Robert “Bobby” Jones is currently accepting new cases. Have you been harmed by poor medical care? Call 864-362-2640 or message us to see what your case may be worth and get legal help now.
Medical Malpractice Lawyer Greenville
Bad medical care is a betrayal of trust. A medical malpractice lawyer can help you seek compensation. Bobby Jones Law serves clients in Greenville, SC, and the surrounding areas.
As your lawyer, Bobby Jones seeks answers, justice, and monetary compensation.
If you or a loved one has been harmed by inadequate medical care, please contact us. We can start representing you right away.
How a Medical Malpractice Lawyer Can Help
A medical malpractice lawyer is a trained and licensed legal professional who represents someone who has been hurt by substandard medical care.
The purpose of this representation is financial compensation for the victim. In the event of a fatality, the victim’s surviving family members may receive compensation.
A medical malpractice lawyer can assist with:
- Investigating what happened
- Working with medical experts to prove the case
- Gathering records and evidence from the doctor or hospital
- Talking to reluctant witnesses
- Following the steps to pursue the case
- Knowing what the case is worth
- Negotiating your settlement
- Representing you in court
When you’re hurt by medical malpractice, you’re suffering. A medical malpractice lawyer works to maximize your case results and minimize the stress while you’re recovering.
Bobby Jones Law is an experienced Greenville medical malpractice lawyer. Contact us now for your case review.
What Constitutes Medical Malpractice in South Carolina?
Medical malpractice in South Carolina is medical care that falls below professional standards. It is a doctor doing something that a reasonable, skillful doctor wouldn’t do, or it is failing to do something that a reasonable doctor would do.
What amounts to medical malpractice varies from situation to situation.
Understanding medical malpractice
When you seek medical care, you expect healthcare providers that are qualified. Medical malpractice occurs when a patient receives medical care that falls below reasonable standards, injuring the patient as a result.
Medical malpractice doesn’t look at the case in hindsight. A doctor isn’t an insurer of a good outcome. However, professional practice must be at least up to the minimum of what’s reasonable and expected.
Common Types of Medical Malpractice Cases in Greenville
- Delayed diagnosis
- Not running medical tests that should have been given based on symptoms
- Misinterpretation of test results, symptoms, and information
- Errors resulting from inattention or poor skill
- Lack of skill in performing surgery or a medical procedure
- Not explaining the risks and alternatives of a certain course of treatment
- Object left in the body
- Poor monitoring of a patient
- The patient left for too long without being checked on
- Practice standards are out of date
- Anesthesia errors
- Refusing to treat a patient, or untimely treatment
How To Prove Negligence in a Medical Malpractice Claim
To receive compensation for medical malpractice, you must prove that the medical care provider acted negligently. Negligence is a legal term meaning inadequate. To prove negligence, you must show:
- You received medical care.
- What reasonable medical care would have been. Usually, you use a medical expert to explain the professional standard.
- How your care was substandard.
- That you were harmed.
- Appropriate compensation.
There are steps to follow to receive compensation for a medical malpractice case in Greenville, SC. These steps are called legal procedures, and your lawyer can take care of these steps for you.
The Case Process
In South Carolina, including Greenville, the case process for medical malpractice is a little bit different than other types of injury cases.
Notice of Intent to File Suit
Medical malpractice claims begin with a Notice of Intent to File Suit. The notice must contain a short and plain statement of facts. It must name all defendants. The Notice of Intent must include an affidavit of an expert supporting the claim. It must be signed by an attorney and include standard interrogatories and disclosures.
The Notice of Intent must be served upon defendants like you’d serve a summons and complaint. Then, named parties may subpoena medical records and other documents related to the case.
Within 120 days of service of the Notice of Intent, the parties must participate in mediation. The court may grant an extension for good cause. If the case is not resolved at mediation, the plaintiff may file a civil action. At this stage, specific deadlines apply for the plaintiff to file their case. (S.C. Code § 15-79-125.)
After a claim is formally filed, it proceeds through preliminary court stages. Additional alternative dispute resolution will likely be required. If the parties do not reach a settlement, a claim may proceed to trial.
Damage Limitations Based on Case Classification
Depending on how the healthcare provider is classified – charitable, government or private – different laws and liability limits are applicable.
Private practice (S.C. Code § 15-32-220)
The law limits non-economic damages only. Statutorily, the amounts are $350,000 per entity, or $1.05 million total for multiple defendants. However, the caps are tied to the Consumer Price Index and adjusted annually. As of 2025, the caps are $580,461 for a single institution and $1,741,383 for multiple defendants (Memorandum, on-Economic (Medical Malpractice) Damages Limitation—Inflation Component, Feb 3, 2025).
Damage caps do not apply if gross negligence or willful, wanton, or reckless conduct is found.
Examples: Bon Secours, St. Francis-Mercy, Prisma Health, AnMed
Government entity (S.C. Code § 15-78-120)
When a medical malpractice case is against a government entity, damages are capped at $300,000 per person, per occurrence, and $600,000 total per occurrence. However, if the malpractice was by a government physician or dentist, the cap is $1.2 million, total, for all defendants. If there are multiple occurrences, the cap applies separately to each. Punitive and exemplary damages cannot be awarded.
Examples: MUSC, Spartanburg Regional
Charitable (S.C. Code § 15-32-220, § 33-56-180)
For charitable organizations, the damage limitations stated in the South Carolina Tort Claims Act apply. These limits are $300,000 per occurrence, per entity, or $600,000 total for multiple defendants (economic and non-economic damages combined). When the malpractice involves a licensed physician or dentist, the limit is $1.2 million for a single occurrence, regardless of the number of defendants. Punitive damages, exemplary damages, and interest are not awarded.
Examples: Piedmont Medical Center, Colleton Medical Center, private medical groups, private nursing homes
Will my medical malpractice case go to trial?
Medical malpractice victims may worry about going to trial. Most medical malpractice cases don’t go to trial. Many result in negotiated settlements.
These settlements are no accident. They are the result of diligent case preparation and strategy. When you have Bobby Jones Law as your Greenville medical malpractice attorney, you have legal representation that works aggressively to build your case. This puts you in a position to pursue the right resolution for you.
Damages You Can Recover in a Medical Malpractice Lawsuit
The purpose of a medical malpractice lawsuit is compensation. There are other reasons that a claim may be beneficial—you can get answers about what happened and prompt changes that prevent harm to others. However, the primary purpose of bringing a claim is to award monetary compensation to the victim.
Monetary compensation is awarded for damages. Damages are the ways that a person has been harmed because of inadequate medical care. Generally, the more the person is impacted, the more compensation they can receive.
Damages you can recover in a medical malpractice lawsuit include:
- Cost of additional medical care
- Expenses due to delays in the original treatment
- Secondary complications like infection
- Mobility and lifestyle limitations
- Nursing and personal care
- Physical therapy
- Lost wages, harm to career
- Pain and suffering
- Mental health injury
- Emotional anguish
- Wrongful death compensation
South Carolina places limits on damages in South Carolina medical malpractice cases. Caps vary based on the type of medical care provider (e.g., private, government, or charitable care organization) and the type of damages. Ask a lawyer for a personalized consultation about how these limits may affect your case.
The Importance of Expert Testimony in Medical Malpractice Cases
Expert testimony is critical to a medical malpractice case. Not just anyone can be an expert witness. They must be a qualified professional, specifically to address the issues in the case.
You must follow the steps to admit expert testimony. With Bobby Jones as your lawyer, you have a professional to take care of this important part of your case.
How Long Do You Have To File a Medical Malpractice Claim in SC
There are varying time limits to file a medical malpractice claim in South Carolina. Never wait to contact a Greenville medical malpractice lawyer.
Learn more: How Long Do You Have to File a Medical Malpractice Claim in South Carolina?
Choose an Experienced Greenville Medical Malpractice Lawyer
Robert “Bobby” Jones is an experienced Greenville injury lawyer. With a history of success, he has achieved medical malpractice settlements exceeding $1 million. What’s important is that each client he represents receives the compensation they deserve.
Bobby Jones gives his all to each case, working to achieve optimal outcomes.
Our law firm serves Greenville, SC, and the surrounding areas. Whether you received medical care in the region or this is your home, we invite you to contact us to learn more and start your case.
Contact Us
Start with a free consultation with a Greenville medical malpractice lawyer. Start your case for compensation today. Call or message Bobby Jones Law now.
