Malpractice results from the negligence to provide a proper diagnosis and the subsequent care that is acceptable medical procedure. In addition, if the doctor fails to provide adequate care in a reasonable period he/she could be sued for malpractice. In South Carolina, the Joint Liability law has been replaced by declaring that defendants only pay twice their prorated share of the judgment, if they are less than 50% responsible.
Time Limits for Filing a Claim in South Carolina
Every state has a limit to the amount of time that can pass, after the act or omission of treatment that constitutes malpractice, before filing a claim. In most cases, the limit is 3 years. However, if it regards a foreign object that was left in the body, the individual has 2 years from time of discovery. In the case of a minor, suit must be filed within seven years of the malpractice, or one year after turning eighteen-whichever is a lesser amount of time.
Negligence Laws
Although many states require expert testimony of medical professionals that are directly associated with a medical area related to the reason for the claim, South Carolina has no such law. The state imposes no special restrictions. For more details on their negligence laws, please see the chart below:
| Code Section | None |
| Comparative Negligence | Exists only for motor vehicle accidents (§15-1-300) |
| Contributory Negligence-Limit to Plaintiff's Recovery | Not specific |
| Contribution Among Tortfeasors | Yes; §§15-38-10 to 70 |
| Uniform Act | §§15-38-10 to 70 |
Award Limits in South Carolina
Some states have award limits, especially for punitive damages. However, South Carolina has no such limitations. In addition, according to the collateral source rule, the defendant cannot bring up any other sources of compensation, such as insurance. It will be up to the jury to determine the amount awarded for current and future medical expenses, and the pain and suffering that has resulted from the malpractice.
Legal Help
In any legal action, a professional is highly recommended. A malpractice lawyer is well versed in the law, and in any potential loopholes. Going it alone, you may end up settling for far less than you deserve. Legal representation can make sure that all related issues are addressed and dealt with, so the jury can come to a fair judgment.
