South Carolina Medical Malpractice Lawyer

How Big Is the Problem of Medical Malpractice in South Carolina?

Medical malpractice is a far more widespread problem than most patients realize. According to research from Johns Hopkins University, diagnostic errors alone affect approximately 800,000 Americans per year, causing permanent disability or death, making misdiagnosis a recognized public health crisis. 

In South Carolina specifically, the state ranks among the top 10 nationwide for medical malpractice frequency, with 73.62 malpractice reports per 1,000 practitioners between 2021 and 2025, well above the national average of 54.91. These figures reflect reported claims and highlight the elevated risk of malpractice in South Carolina. The actual number of patients harmed by medical negligence is substantially higher, as many victims never pursue a claim, often because they are unaware that what happened to them is legally actionable. 

These numbers show that medical negligence is neither rare nor trivial, and they underscore why working with a South Carolina medical malpractice lawyer can be so important when preventable errors cause life‑changing harm.

Steps to Take If You Suspect Malpractice

According to Johns Hopkins, medical errors or mistakes are the reason for 10 percent of all deaths in the United States. Patients have a right to expect that their doctors are giving them their full attention and are focused on providing the highest quality care possible at all times.

If you believe that you were hurt or if you lost a loved one and believe that their death may have been caused by medical malpractice, you should:

• Consult with a different doctor. You will need to have the mistakes corrected by a competent, responsible medical professional, or you will need to make sure that your illness is correctly diagnosed so that you can begin treatment for your condition.
• Get a copy of your medical records. Your medical malpractice case will rely heavily on your medical records, which are a detailed summary of your medical history, the treatment you’ve received, lab results, medications, and other vital info.
• Document everything. Be sure to record how the medical error has impacted your life. Make sure to note any days you’ve missed from work and other problems your injury has caused. It is a good idea to document how the injury has impacted your personal relationships as well.
• Hire an experienced medical malpractice lawyer. An attorney with the right experience and skill can gather the necessary evidence, consult with medical witnesses, and build a convincing claim on your behalf. They will handle all of the negotiations and legal legwork to make sure you get what you’re owed.

Common Causes of Medical Negligence

Common causes of medical negligence include:

• Failure to diagnose – We depend on physicians to diagnose an injury or illness accurately and on time so that treatment can start as soon as possible. Failure to diagnose specific diseases like cancer could allow them to advance. The longer these diseases are left untreated, the more difficult it becomes to manage them. Doctors may fail to diagnose diseases if they do not order the correct diagnostic tests, if they misread the test results, do not perform a physical examination, fail to take the patient’s medical history into account, or if they fail to communicate with the patient, for example.
• Surgical errors – If a doctor fails to follow the required safety protocols, serious surgical errors could occur. Mistakes like operating on the wrong part of the body, leaving surgical tools inside the patient, puncturing or perforating internal organs, or performing the wrong surgical procedure should never happen, but unfortunately, they do. When this happens, the patient could be able to pursue a medical malpractice claim against the surgeon and possibly the hospital where they were treated.
• Medication errors – We depend on medication to ease pain and suffering and treat illnesses and diseases. When drugs are incorrectly prescribed, dispensed, or administered, they can do more harm than good. Hundreds of thousands of people are injured every year due to medication errors, whether caused by confusion over drug names, a doctor’s failure to communicate with the patient, or communication between the doctor and the pharmacy, for example.
• Anesthesia errors – Administering anesthesia is critical for many surgical procedures, and it must be done with precision. If an anesthesiologist or nurse anesthetist delivers the wrong dose, fails to monitor the patient, or fails to intubate the patient, they could potentially suffer a brain injury due to lack of oxygen, a heart attack, or could die as a result.
• Birth injuries – The birth of a child should be a joyous occasion for the parents and extended family of the child. The doctor and delivery team are expected to monitor the health of both the mother and newborn child throughout the delivery process. If complications arise, they need to act quickly and responsibly. Errors that are made during the birthing process could result in injuries to the child that could have a lasting impact on their life.
• Facility errors – Hospitals have a responsibility to implement and enforce safety protocols to make sure that patients receive the quality treatment they deserve. This means ensuring that patients are properly checked in, surgical procedures are verified, the site of surgery is confirmed, and the type of procedure they are scheduled for is the correct one. If these protocols are not in place or are not followed, the hospital could share some liability for harm caused to the patient.
• Equipment errors – The advanced medical equipment that doctors and medical technicians use requires detailed training and skill to use. If the equipment isn’t calibrated correctly, is defective, or if the operator does not know how to use it correctly, patients could suffer severe injuries. Improper training or maintenance are often cited as the reasons behind medical equipment errors.
• Emergency room errors – Emergency departments are high-pressure environments where misdiagnosis and delayed treatment occur with alarming frequency. When ER staff fail to recognize the signs of a stroke, heart attack, or internal bleeding — or discharge a patient prematurely — serious and sometimes fatal harm can result.
• Failure to follow up – After treatment, physicians have an ongoing duty to monitor their patients’ recovery and address complications or concerns. A doctor who fails to schedule necessary follow-up care, ignores warning signs reported by a patient, or does not act on abnormal test results may be held liable for the harm that results from that inaction.
• Nursing home negligence – Residents of nursing homes and long-term care facilities in South Carolina are entitled to a recognized standard of care. When facilities are understaffed, inadequately trained, or poorly supervised, residents may suffer bedsores, infections, falls, medication errors, malnutrition, or worse. This type of harm falls squarely within the scope of medical malpractice and can be pursued as a legal claim.

Who Is Liable in a South Carolina Medical Malpractice Case?

In a South Carolina medical malpractice case, liability may extend beyond the individual provider who made the error. Multiple parties can be named as defendants, depending on the specific circumstances of the harm. Common liable parties include:

• Physicians, including primary care doctors, surgeons, specialists, and emergency medicine physicians
• Nurses, physician assistants, and nurse practitioners
• Anesthesiologists and certified registered nurse anesthetists (CRNAs)
• Chiropractors, podiatrists, optometrists, dentists, and oral surgeons
• Hospitals and health systems
• Urgent care centers, outpatient surgical facilities, and birthing centers
• Nursing homes and long-term care facilities throughout the state
• Pharmacists and pharmacies that dispense incorrect medications or dosages
• Medical device and pharmaceutical manufacturers, in cases where a defective product contributed to the patient’s harm

South Carolina Code § 15-79-110 defines the scope of who may be held accountable in medical malpractice actions. An experienced South Carolina medical malpractice lawyer at Stewart Law Offices will investigate all potentially liable parties to ensure that every available source of accountability and compensation is identified and pursued.

Holding Healthcare Facilities Liable For Medical Malpractice

Facilities could be held liable for malpractice if proper procedures, protocol, or oversight are to blame for the failure to uphold an expected standard of care. These facilities include:

An experienced medical malpractice lawyer can evaluate your case, collect evidence, consult with medical authorities, and determine any parties who might be liable for your injuries or the loss of your loved one.

According to the South Carolina Code of Laws, medical malpractice is defined as: “Doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.”

This expected standard of care applies to professionals including:

Medical Malpractice Settlements

If you suspect that your injuries were caused by malpractice, or if your loved one died due to negligence on the part of a healthcare professional or facility, you could be owed significant compensation from the party responsible. While the amount and types of damages are determined by the specifics of your case, common types of compensation victims can recover include:

• Past and future medical bills, including the cost of revision surgery or other corrective treatments
• Lost wages due to time missed from work
• Reduced future earning potential
• Pain, suffering, and mental anguish
• Loss of support, consortium, and household services
• Loss of enjoyment of life and diminished quality of life
• Costs of long-term rehabilitation, home health care, or assisted living necessitated by the injury

In rare cases that involve gross negligence, victims could also be awarded punitive damages. This compensation is intended to punish the responsible party and send a message to others that a specific action or inaction will have severe consequences.

How Much Is My South Carolina Medical Malpractice Claim Worth?

No two medical malpractice cases are alike, and the value of a claim depends on a combination of factors that your attorney will carefully evaluate. The key factors that influence compensation in a South Carolina medical malpractice case include:

• The severity and permanence of the harm suffered
• The total past medical expenses directly caused by the malpractice
• The cost of future medical treatment, rehabilitation, and care
• The extent of lost income and reduced earning capacity
• The patient’s age and overall life expectancy
• The degree of physical and emotional pain and suffering experienced
• The clarity and strength of the evidence supporting the negligence claim
• Whether multiple defendants share liability
• The available insurance coverage held by the provider or facility

According to data from Malpractice Search, the average medical malpractice payment in South Carolina in 2024 was $311,789 .Cases involving catastrophic or permanent injuries, such as brain damage, paralysis, or wrongful death, frequently result in settlements and verdicts that are substantially higher.

South Carolina does impose some statutory limits on certain categories of damages. Specifically, non-economic damages (pain and suffering, emotional distress, and similar intangible losses) are subject to a cap in medical malpractice cases involving healthcare providers. An experienced South Carolina medical malpractice lawyer at Stewart Law Offices can evaluate the specific facts of your case and give you a realistic assessment of what your claim may be worth.

How Do Medical Malpractice Claims Work in South Carolina?

The statute of limitations to file a medical malpractice claim in South Carolina is three years from the date of the treatment, omission, or operation giving rise to the injury, or three years from the date the injury was or reasonably should have been discovered, whichever is later, but not to exceed six years from the date of the negligent act under S.C. Code § 15-3-545.

South Carolina also imposes an absolute statute of repose of six years from the date of the original negligent act. This means that even if the injury was not discovered within three years, you generally cannot bring a claim after six years have passed, regardless of the discovery date.

Because claims take time to investigate and medical professionals must evaluate the treatment that you received, it is important to hire Stewart Law Offices as soon as possible. This will give our attorneys time to build the strongest case possible on your behalf.

Our attorneys can negotiate with the doctor’s insurance company or the insurance company for the medical facility to see if they will offer you a fair settlement for your claim. This settlement should compensate you for the expenses you incurred, address any other related financial needs, and take into account all of the losses you have suffered. If they fail to offer a settlement that is fair to you, your attorney may file a lawsuit and may take your case to trial.

Keep in mind that just because your case goes to trial, it doesn’t mean that a settlement won’t happen. Insurance companies still can – and often do – make settlement offers throughout the process to try and reach an offer that will end the trial.

If our attorneys and the insurance company cannot come to an agreement, the case may go to the jury to decide. If the jury sides in your favor, you could collect the compensation you are owed. Keep in mind that the other side could appeal the decision, further delaying your payment until the case is ultimately resolved.

Contact a South Carolina Medical Malpractice Lawyer Today!

Stewart Law Offices has handled a wide variety of medical malpractice cases on behalf of clients in South Carolina. We have the experienced South Carolina personal Injury Lawyers and resources you need on your side. With office locations in Rock Hill, Spartanburg, Columbia, Beaufort and Lexington, we are conveniently located to help you in person or virtually.