- Economic Damages: Economic damages are those that have a set monetary value associated with them. Examples include:
- Medical expenses: This includes compensation for current and future medical bills related to the malpractice. These expenses often cover everything from emergency medical care to long-term treatment and necessary assistive devices.
- Lost wages: These damages may include reimbursement for income lost due to the injury or ongoing medical treatment.
- Rehabilitation costs: Rehabilitation costs may include physical therapy, occupational therapy, or other necessary rehabilitation services crucial for regaining functionality.
- Loss of earning capacity: This includes compensation for the reduced ability to earn income in the future as a result of the malpractice.
- Non-Economic Eamages: Non-economic damages are intangible in nature and do not have a set associated monetary value. Examples of non-economic damages include:
- Pain and suffering: This may include compensation for physical pain, emotional distress, and mental anguish caused by the malpractice.
- Loss of enjoyment of life: This could include compensation for the loss of the ability to participate in activities and enjoy life as before the injury.
- Loss of consortium: Loss of consortium refers to the negative impact on the injured person's relationship with their spouse or partner.
- Loss of companionship: This is associated with the loss of companionship, guidance, and support of a loved one due to their injury or death caused by the malpractice.
- Punitive Damages: Punitive damages are awarded in rare cases where the medical professional's actions were intentional, malicious, or involved a wanton disregard for the patient's safety. These damages are meant to punish the defendant and deter similar behavior in the future.
- Wrongful Death Damages: In cases where medical malpractice results in the death of the patient, certain damages may be sought by their surviving family members. These can include compensation for funeral expenses, loss of financial support, loss of companionship, and more.
It's important to note that the availability and calculation of damages can vary depending on the jurisdiction and specific circumstances of the situation. We recommend that you consult with our Bluffton medical malpractice attorneys to learn more about the types of damages that may be available to you, as well as the potential overall value of your claim. Our team can provide tailored advice suited to your unique circumstances.
Local Medical Malpractice Laws & Implications
Laws in South Carolina regarding medical malpractice can be complex. They outline specific requirements for bringing a lawsuit, such as the statute of limitations, which dictates the timeframe in which you need to file your claim. Understanding local laws can influence the strategy in pursuing these claims and impact the types of evidence required. Our team is well-versed in these regional legalities, allowing us to offer guidance that aligns with current state regulations. By navigating these complexities, we aim to streamline the legal process for our clients, focusing on securing the best possible outcomes.
What Is Considered Medical Malpractice?
There are various types of errors and omissions that can be considered medical malpractice. Understanding these errors can help in identifying and substantiating claims against healthcare providers.
These include but are not limited to the following examples:
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Delayed treatment
- Failure to treat
- Surgical errors
- Medication or prescription errors
- Anesthesia errors
- Birth injuries
- Failure to obtain informed consent
- Failure to properly monitor a patient's condition
Each scenario presents unique challenges, and the specific circumstances of the situation will determine whether it falls under medical malpractice. Our attorneys can review the details of your circumstances and determine how best to move forward. By analyzing these elements, we can offer guidance on the potential legal actions available to you.
How to Demonstrate a Medical Malpractice Claim
If an individual has been impacted by medical malpractice, they may be able to seek compensation through legal action. To prove a case of medical malpractice in court, certain criteria must typically be met. These criteria establish the framework necessary for demonstrating the validity of the complaint.
These include:
- Duty of care: The injured party must establish that there was a doctor-patient relationship where the medical professional had a duty to provide care. This foundation is crucial for demonstrating that the health provider was obligated to adhere to a certain level of medical care.
- Breach of duty: It must be shown that the medical professional failed to meet the required standard of care, deviating from what a reasonable medical professional would have done in a similar situation.
- Causation: The injured party must demonstrate that the medical professional’s breach of duty directly caused or contributed to their injuries or harm. Linking the breach to the harm is often vital in establishing the grounds for a claim.
- Damages: The injured party must provide evidence of physical, emotional, or financial damages resulting from the medical professional's negligence.
Proving medical malpractice can be complex, and it often requires the assistance of highly skilled medical and legal professionals. If you have been impacted by medical malpractice, we urge you to consult with an attorney who is experienced in this area of law, like ours at Bauer & Metro, P.C.. We are ready to assess your situation and provide the information you need to move forward, helping you navigate both the legal and emotional aspects of these challenging circumstances.
Frequently Asked Questions about Medical Malpractice
What Should I Do If I Suspect Medical Malpractice?
If you suspect that you or a loved one has been a victim of medical malpractice, it is crucial to act swiftly. Start by securing copies of all medical records and documenting every detail you recall about your treatment. This will provide a comprehensive overview of the medical care you received. Additionally, consult with a medical malpractice attorney in Bluffton to understand your rights and options. At Bauer & Metro, P.C., we can help you evaluate your situation and guide you through the next steps while ensuring your rights are protected.
How Long Do I Have to File a Medical Malpractice Claim in South Carolina?
In South Carolina, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date of the injury or from when the injury was discovered, but not more than six years from the date of the occurrence. It is critical to comply with these deadlines, as failing to do so may result in forfeiting your right to claim compensation. Consulting with an attorney promptly will ensure you adhere to these time constraints and increase the likelihood of a favorable outcome.
What Are Common Defenses Against Medical Malpractice Claims?
Medical professionals often employ several defenses in malpractice claims, one of which includes arguing that the patient was made aware of the risks and had given informed consent. Another common defense might involve disputing the causation, asserting that the injury was not directly caused by their actions, or it was an unavoidable aspect of medical treatment. Understanding these potential defenses can help you prepare and strengthen your position. Discussing your scenario with a knowledgeable attorney will provide insights into these defenses and develop a strategic approach to counter them effectively.
Are There Any Damages Caps in Medical Malpractice Cases in South Carolina?
Yes, South Carolina places limits on non-economic damages in medical malpractice cases. As of 2025, the cap for non-economic damages—such as pain and suffering or emotional distress—is $564,168 per defendant, with a total cap of $1,692,503 when multiple healthcare providers are involved. These caps are adjusted annually for inflation by the South Carolina Board of Economic Advisors.
Importantly, there is no cap on economic damages, such as medical expenses, lost wages, or other financial losses.
Exceptions: The non-economic damage caps do not apply if the defendant acted with gross negligence, willful or wanton misconduct, fraud, or tampered with medical records. In those cases, damages may reach up to eight times the standard cap.
For current cap amounts and legal advice tailored to your situation, consult our knowledgeable South Carolina medical malpractice attorneys.
What Kind of Evidence Is Needed to Support a Medical Malpractice Claim in South Carolina?
Successfully pursuing a medical malpractice claim in South Carolina requires strong and specific evidence. This includes documentation and testimony that clearly demonstrate the healthcare provider’s error and the impact it had on your health. Common types of evidence used in these cases include:
- Medical Records: These are essential to show the nature of the treatment you received, when it occurred, and how it may have deviated from appropriate medical care.
- Expert Medical Testimony: A qualified medical expert—typically in the same field as the defendant—must explain how the provider’s actions fell below the accepted standard of care and how those actions led to your injury.
- Clinical Guidelines and Hospital Policies: These documents help establish what the standard of care should have been under the circumstances, and whether the provider or facility failed to meet it.
- Imaging and Test Results: X-rays, MRIs, CT scans, and lab reports may visually support the existence of injury or damage caused by negligence.
- Documentation of Harm: This includes medical bills, pharmacy receipts, therapy records, and evidence of long-term or permanent injury.
- Proof of Financial Loss: Pay stubs, tax returns, and expert economic reports can demonstrate lost wages, diminished earning capacity, and future care costs.
- Witness Statements: Testimony from family, friends, or coworkers can show how the injury has affected your daily life, mental health, and overall well-being.
Additionally, South Carolina law requires a Notice of Intent to file a medical malpractice claim. This must be accompanied by a sworn affidavit from a qualified medical expert supporting your allegation of negligence—ensuring your claim has merit before litigation begins.
Deadlines matter: You generally have three years from the date of the incident or discovery of the injury to file a claim, and no more than six years total due to the state’s statute of repose.
Because these cases are highly technical and expert-driven, working with an experienced South Carolina medical malpractice attorney is vital to gather and present the right evidence.
