Wrongful Death Claims Involving Medical Malpractice

Get a Free Case Evaluation
100% Secure & Confidential
★★★★★
5.0 Google Rated
$26,000,000
Brain Injury Settlement
$1,500,000
Bad Faith Insurance Settlement
$1,250,000
Wrongful Death Settlement
$1,000,000
Medical Malpractice Settlement
$1,000,000
Medical Malpractice Settlement
$950,000
Premise Liability Settlement
$875,000
Medical Malpractice Settlement
$850,000
Trucking Accident Settlement
$750,000
Nursing Home Negligence Settlement
$600,000
Product Liability Settlement
$600,000
Medical Malpractice Settlement
$490,000
Tucking Accident Settlement
$450,000
Civil Rights Jail Misconduct Settlement
$400,000
Trucking Accident Settlement
$387,500
Medical Malpractice Settlement

A medical malpractice wrongful death claim must establish medical negligence resulting in death. Compensation may include financial losses and other losses of beneficiary family members, including emotional pain and suffering. A damages cap applies in South Carolina cases, limiting pain and suffering damages that may be awarded against a single provider and in total for a claim.

What is a medical malpractice wrongful death claim?

A medical malpractice wrongful death claim is a legal claim for financial compensation. The basis of the claim is that medical care was legally inadequate and resulted in the death of the victim. The purpose of the claim is to pay financial compensation to surviving family members.

Wrongful Death Medical Malpractice

South Carolina law authorizes wrongful death claims, which are personal injury claims where the victim suffers fatal injuries. South Carolina law also authorizes medical malpractice claims.

When medical care is legally below professional standards, a victim may receive compensation.

Wrongful death medical malpractice is when a claim is grounded in inadequate medical care and death results. Specific rules that apply to wrongful death claims and medical malpractice claims may both apply. A medical malpractice wrongful death claim must follow the procedural and substantive rules of both bodies of law.

It’s important to have representation from an experienced lawyer for wrongful death claims.

Understanding Wrongful Death in the Context of Medical Malpractice

When you have a wrongful death case based on medical malpractice, there are two sets of laws that apply to the case—wrongful death laws and medical malpractice laws.

Practically, this means following the procedural steps from both sets of laws. For the wrongful death aspects of a claim, it means the administrator or executor of the estate files the claim. The damages claimed in a wrongful death action are different than they would be in a personal injury action.

For medical malpractice, it means filing a Notice of Intent to File Suit. An expert witness affidavit must accompany the notice. The notice must include interrogatories and other standard civil procedure disclosures. Any case based on medical malpractice requires significant medical evidence, including use of experts. Experts are often required in wrongful death claims that aren’t based on medical malpractice, but medical experts are imperative to a claim grounded in malpractice.

Who Can File a Wrongful Death Claim in South Carolina?

The estate administrator or executor may file a wrongful death claim in South Carolina. Usually, that’s the person named in the will. If there is no executor named in a will, you can ask the court to appoint one. The court uses a list of priorities in probate law, starting with the person named in the will, followed by the surviving spouse, who is a devisee.

Even though the executor files the wrongful death claim, South Carolina has a law that determines who receives the proceeds. Even if there is a will, wrongful death proceeds are distributed as though the victim had died intestate. The assets that a person leaves are still distributed according to the will.

Proving Liability in a Wrongful Death Medical Malpractice Case

To prove liability in a wrongful death medical malpractice case, you must show the following:

  1. Duty. A physician-patient relationship. The relationship creates a duty of care from doctor to patient.
  2. Breach of duty. Legally inadequate medical services. This may be action or failure to act. Care falls below acceptable prevailing standards.
  3. Causation. The poor medical care resulted in the patient’s death.
  4. Damages. Economic and personal losses form the basis of the demand for recovery.

The Statute of Limitations for Wrongful Death Medical Malpractice Claims in South Carolina

In South Carolina, you have two or three years to file a wrongful death medical malpractice claim. South Carolina law says that the period for an action for death by wrongful act begins to run upon the death of the person whose death is the subject of the action. Although South Carolina law allows a discovery rule for the medical malpractice statute of limitation, the date of death would provide notice of a possible claim in most circumstances. See Bayle v. South Carolina Department of Trans., 542 S.E.2d 736 (S.C. Ct. App. 2001).

It’s important to note that when a claim is against a government defendant, the time limit is shortened to two years.

Types of Damages Recoverable in a Wrongful Death Medical Malpractice Case

Damages in a South Carolina wrongful death claim are defined but variable. The law says that damages sought must be proportioned to the injury to claim beneficiaries that resulted from the death. That means that the loss is personalized and unique to the family members who experience it.

Some damages are likely economic, including medical bills, funeral and other final expenses, and lost income that the deceased may have brought to the family. A deceased person may have provided personal care or may have provided household services that now need to be replaced.

Other losses are non-economic, such as the severe mental and emotional anguish of losing a close family member. Damages may include loss of companionship, guidance, and consortium.

These losses are highly personal.

South Carolina imposes limits on damages in South Carolina medical malpractice cases. The limits depend on the defendant’s status as a private practitioner, a government entity, or a charitable organization.

How a Lawyer Can Help

At Bobby Jones Law, we understand the law that applies to wrongful death claims involving medical malpractice. We know you are grieving the loss of your family member. At Bobby Jones Law, we are committed to representing your interests and honoring your loved one.

Contact a lawyer

Contact Bobby Jones Law to talk to a lawyer about a wrongful death claim involving medical malpractice. Call or message us now to see how our law firm can help.

The team at Bobby Jones Law LLC works tirelessly for the injured in South Carolina. His achievements include:
  • More than $60 million collected for our clients
  • Multiple recoveries exceeding $1 million, including an eight-figure settlement
  • Recognized by Best Lawyers in America
  • Named among the “Best Law Firms” by U.S. News & World Report
  • Named to the Top 100 Trial Lawyers by The National Trial Lawyers
  • Named to Super Lawyers 2017–2025
  • Member of the Million Dollar Advocates Forum
  • Selected as Legal Elite of the Upstate 2021–2023
  • Named among Super Lawyers "Rising Stars"
We’re humbled to be considered one of the top firms in the Upstate and invite you to learn what sets our award-winning legal services apart. Call or request a consultation online.
logo-bobby-jones-white
Contact Bobby
Get a free consultation

Available 24/7
864-362-2640

"*" indicates required fields