When you seek medical care, you expect to be treated with skill and professionalism. But what happens when a hospital’s mistake leaves you worse off than before? Hospital negligence can cause devastating harm, ranging from surgical errors to life-threatening infections, and victims often ask the same question: how much can I sue a hospital for negligence?
The truth is, there’s no single number. In South Carolina, compensation depends on the details of your case, the extent of harm, and state laws that limit certain types of damages.
What Is Hospital Negligence?
Hospital negligence occurs when a medical provider or institution fails to meet the accepted standard of care, and that failure causes harm to a patient. Examples include:
- Misdiagnosis or delayed diagnosis.
- Surgical mistakes.
- Medication errors.
- Birth injuries.
- Failure to monitor patients properly.
- Infections due to poor sanitation.
South Carolina law treats hospital negligence as a form of medical malpractice, meaning the patient must prove the provider or hospital deviated from the professional standard of care.
How Much Can You Sue a Hospital for Negligence in South Carolina?
The value of a hospital negligence lawsuit in South Carolina varies widely. Some cases may settle for tens of thousands of dollars, while others reach into the millions. The amount depends on factors such as:
- The severity and permanence of the injury.
- The cost of current and future medical care.
- The impact on your ability to work and earn income.
- The degree of pain, suffering, and emotional distress.
Importantly, South Carolina law places caps on certain types of damages in medical malpractice cases. Non-economic damages (pain and suffering, emotional distress) are capped under §15-32-220 at $350,000 per health care provider and $350,000 per health care institution, with a total cap of $1,050,000 per claimant (up to 3 defendants).
The cap is adjusted annually based on the Consumer Price Index by the South Carolina Revenue and Fiscal Affairs Office. Economic damages (medical bills, lost wages, future care) have no cap.
At Stewart Law Offices, our attorneys have secured many positive case results in medical malpractice claims, helping injured patients recover the compensation they deserve despite these legal caps.
Common Types of Hospital Negligence Cases in South Carolina
Hospital negligence claims often arise from:
- Emergency room errors.
- Anesthesia or surgical mistakes.
- Birth injuries caused by improper monitoring.
- Medication or prescription errors.
- Infections are linked to poor sanitation.
- Failure to diagnose or delayed treatment.
Each case requires expert medical testimony to prove that the hospital failed to meet the accepted standard of care.
Who Can Be Sued for Hospital Negligence?
In South Carolina, liability for medical negligence may be shared among multiple parties, including the hospital itself for issues related to administration, staffing, or policies; doctors, nurses, and specialists employed by the hospital; and even independent contractors if the hospital presented them as staff.
To determine who is responsible, your attorney will closely examine medical records, hospital procedures, and the conduct of all involved personnel to build a comprehensive case.
Factors That Affect the Value of a Hospital Negligence Lawsuit
Several elements influence how much compensation you can recover, including:
- Severity of injury: Permanent disabilities, brain damage, or wrongful death claims increase case value.
- Future medical needs: Long-term care, surgeries, or therapy costs can be substantial.
- Loss of income or earning capacity: If you cannot return to your job, lost wages add significantly to damages.
- Number of defendants: Hospitals, doctors, and staff may all share liability, affecting available compensation.
- Comparative negligence: South Carolina follows a modified comparative negligence system. If you are found partially at fault for your injuries, your compensation will be reduced proportionally. If you are 51% or more at fault, you cannot recover any damages.
How Long Do You Have to File a Hospital Negligence Claim in South Carolina?
You generally have three years from the date of injury or discovery to file a hospital negligence claim, with a maximum six-year limit from the date of occurrence. For foreign objects left in the body, you have two years from discovery, but no less than three years from placement.
For minors, the deadline is tolled for a maximum of seven years and must be filed within one year after turning eighteen. Missing these deadlines can bar your claim entirely.
Why You Should Contact a South Carolina Medical Malpractice Lawyer
Hospital negligence cases are often complex, requiring detailed medical evidence, expert testimony, and careful adherence to procedural rules. A skilled South Carolina medical malpractice attorney can identify all liable parties, calculate the full scope of your damages, and manage South Carolina’s specific malpractice laws and damage caps. They can also negotiate with insurers and hospitals and represent you in court if needed.
If you’ve been harmed by hospital negligence, having a lawyer may greatly improve your chances of receiving fair compensation.
