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How Does a Medical Malpractice Lawsuit Work?

To make a malpractice claim in South Carolina, the plaintiff has to prove

  • the relevant standard of medical care,
  • the practitioner had a duty and failed to meet it,
  • the plaintiff was injured as a direct result, and
  • the plaintiff has suffered damages.

Time Limit

The plaintiff must file a claim within two or three years of the injury or reasonable knowledge of it. Certain rules apply to minors. Medical malpractice claims require thorough investigations. It is important to contact an experienced attorney immediately after you or a loved one has been injured to preserve your statute of limitations.

Notice of Intent

A potential plaintiff must file a Notice of Intent to File a Lawsuit on each medical professional who might be sued. The Notice must include a brief statement of the basis for the suit.

Expert Affidavit

The plaintiff must also file an Expert Affidavit by a qualified medical expert witness. The affidavit must describe at least one medically negligent action or inaction of the health care provider.

What Happens Next?

The filing of the Notice and Affidavit stops the clock on the time limit. Within 90 to 120 days of these filings, the parties must participate in mandatory mediation.

How Much Can You Recover?

South Carolina limits the compensation in a medical malpractice case. Economic (medical care costs, lost income, and other financial losses) and non-economic damages (pain and suffering, emotional distress) are compensable. However, the amount of non-economic damages is limited so that no one individual may be liable for more than $350,000. It is important to contact an experienced medical malpractice attorney to maximize your recovery.

Robert “Bobby” Jones has concentrated his practice in personal injury law for more than a decade. In that time, he has recovered over $40 million for his clients. Speak to Bobby today to discuss your med-mal claim with a Greenville medical malpractice lawyer.

Frequently Asked Questions

Are there extra steps in filing in South Caroline?

Potential plaintiffs must file a Notice of Intent to File a Lawsuit and an expert affidavit, as well as participate in mandatory mediation, before filing a med-mal lawsuit.

Is there a time limit?

Yes. All med-mal lawsuits have to be filed within two to three years of the injury, depending on where the injury occurred. It is important to reach out to an experienced medical malpractice attorney as soon as you believe you have a claim so that your time limit does not expire.

How do I know if I have a case?

An experienced medical malpractice lawyer can review the facts of your case and determine whether you may be entitled to compensation.

Contact Bobby