Medical Malpractice

Maxey McFarland Law Firm > Practice Areas > Medical Malpractice

Medical malpractice is a complex area of law that involves cases where a healthcare provider’s negligence or failure to meet the standard of care results in harm or injury to a patient.

South Carolina Code § 15-3-545 generally creates a 3 year time limit to bring a claim for medical malpractice. However, the statute of limitations is only two years for any medical institution funded by or in part by the state. The 2 or 3 years runs from the date the patient discovered or should have discovered the injury, but there are some exceptions. When a victim fails to discover the medical malpractice immediately after it occurs, the three-year statute of limitations may be extended up to six years from the date of occurrence.

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    Exceptions to the statue of limitations

    If a foreign object is left in the body, the victim has two years from the date of discovery of the object or two years from when the object ought to have been discovered. Sometimes, that may shorten the timeline to less than the three-year general statute of limitations for medical malpractice. In any event, a claim for a foreign object left in the body must begin not more than three years after the incident occurs. There are also exceptions related to cases where the victim is a minor. With a limited window of time to file a medical malpractice lawsuit in South Carolina, it is crucial to be aware of these limitations to ensure timely filing of a claim.

    Common types of medical malpractice include:

    • Misdiagnosis or failure to diagnose a medical condition
    • Surgical errors, including wrong-site surgery, anesthesia errors, and other surgical mistakes
    • Medication errors, such as prescribing the wrong medication or dosage
    • Birth injuries, including injuries to the mother or the newborn during pregnancy, labor, or delivery
    • Failure to provide appropriate treatment or follow-up care
    • Inadequate monitoring or supervision of patients
    • Failure to obtain informed consent from the patient before a medical procedure
    • Emergency room errors, including misdiagnosis or delays in treatment
    • Laboratory errors, including misinterpretation of test results

    Medical malpractice cases require thorough investigation, expert testimony, and skilled legal representation to establish the standard of care, prove negligence, and demonstrate the causal link between the healthcare provider’s actions or omissions and the patient’s injuries or damages. If you or a loved one have been a victim of medical malpractice in South Carolina, it’s crucial to seek the guidance of an experienced attorney who can navigate the legal complexities associated with these cases and advocate for your rights. Contact the Maxey McFarland Law Firm today at 864-387-8362 to speak with an experienced medical malpractice lawyer. We have helped many satisfied clients recover from the harm done to them by negligent medical care.

    Last Updated: 05-20-2024
    Written By: Will Maxey