Who Is Liable for Medical Malpractice?

Doctors or surgeons are generally the first to be named in a medical malpractice suit due to their legal responsibility for providing safe and effective care. To prove that a doctor committed medical malpractice, evidence must be presented showing that they failed to follow proper protocol or acted inappropriately with regard to the accepted standard of care. Additionally, victims must show that this negligence caused harm or worsened an existing condition, leading to further damages. Depending on the circumstances, it may also be possible to hold other parties accountable if they contributed to the negligence in some demonstrable way. 

The following parties may also be liable for medical malpractice in certain situations:

• Specialists
• Osteopaths
• Nurses
• Dentists
• Physical therapists
• Healthcare facilities
• Nursing homes
• Pharmaceutical companies

How Long Do I Have to File a Medical Malpractice Lawsuit in South Carolina?

The deadlines for bringing a medical malpractice claim can be complicated, especially since it may not be immediately obvious that you suffered harm because of the negligence of a healthcare professional. In instances where it is apparent you were injured due to medical malpractice, you typically have three years from the date of the procedure or act of negligence to file a lawsuit in South Carolina. You only have two years to start the legal process if the claim involves a medical institution that is funded in any part by local, state or federal government.

In cases involving misdiagnosis, failure to treat, or even inadequate treatment, the consequences of medical malpractice may not be detectable until several years after the date that the negligence occurred. In these scenarios, South Carolina’s discovery rule applies, giving you three years from the date you discovered or should have reasonably discovered your injuries to bring a medical malpractice claim. However, a six-year statute of repose also applies, meaning you lose your right to file a lawsuit after six years have passed from the date of the act of negligence, even if harm is discovered later. 

If you have been hurt by medical malpractice, do not wait to seek legal representation. You must file a claim before the statute of limitations expires or risk permanently forfeiting your right to recover damages. We can help ensure your lawsuit is filed before time runs out and fight to get you compensation for medical expenses, lost income, pain and suffering, and other losses.