You may have a valid claim for damages when a medical professional’s negligence or inaction causes your injury. Medical malpractice is challenging to prove but not impossible.
These are the steps for pursuing compensation in South Carolina when you believe you are a victim of medical malpractice.
Know the statute of limitations
In South Carolina, plaintiffs have three years to file a medical malpractice claim after an adverse incident occurs. However, the deadline extends to six years for errors that take longer to detect. For example, patients may not know surgical tools mistakenly remain in their bodies until the foreign objects cause symptoms leading to their detection.
Intent to sue notice filing
Individuals must notify medical providers about their claims by filing a South Carolina Notice of Intent to File Suit. This document must include the names of all the providers patients hold liable and the monetary damages they seek. It must also include a summary of the negligence patients perceive with a medical expert witness’s statement describing a reasonable alternative treatment approach for achieving a better outcome.
After the filing, the opposing parties may issue subpoenas for medical documents to prepare for court-mandated mediation to settle a medical malpractice case before it goes to trial. Mediation must occur no later than 120 after the patient files the intent to sue notice. Both sides must come to mediation expecting to compromise to avoid a trial.
When mediation fails, a lawsuit may be inevitable for individuals seeking damages. Both sides present their cases with the help of expert witnesses before a jury makes a final determination supporting or rejecting the medical malpractice claims.
Medical malpractice can significantly alter your life, but it is within your power to hold those you trust with your care accountable.