The Dos and Don'ts of Medical Malpractice Claims in South Carolina

Medical malpractice can have devastating consequences, leaving victims with lasting physical, emotional, and financial harm. Pursuing a medical malpractice claim in South Carolina requires understanding the legal process and taking the right steps to protect your rights. Below, we outline key dos and don'ts to guide you through this complex process.

The Dos of Medical Malpractice Claims

1. Do Seek Immediate Medical Attention

If you suspect medical malpractice, prioritize your health by seeking care from another qualified provider. Prompt treatment not only safeguards your well-being but also provides documentation of your injuries or worsening condition.

2. Do Keep Detailed Records

Documentation is critical in a medical malpractice case. Keep copies of:

• Medical records.
• Bills for additional treatment.
• Prescriptions or medication changes.
• Communication with healthcare providers.
  These records serve as evidence to support your claim.

3. Do Consult an Experienced Medical Malpractice Attorney

Medical malpractice claims are complex and require legal expertise. An experienced South Carolina attorney can:

• Evaluate the merits of your case.
• Gather expert witnesses.
• Navigate state-specific laws, such as South Carolina's statute of limitations and caps on damages.

4. Do Understand the Statute of Limitations

In South Carolina, you generally have three years from the date of the injury—or the date you discovered it—to file a medical malpractice claim. Missing this deadline could bar you from recovering compensation.

5. Do Be Prepared for Pre-Suit Requirements

South Carolina law requires filing a Notice of Intent to File Suit and submitting the case to a pre-suit mediation process. An attorney can ensure these steps are completed correctly and on time.

The Don'ts of Medical Malpractice Claims

1. Don't Ignore the Warning Signs

Failing to act on symptoms of medical malpractice can jeopardize your health and your case. Common signs of malpractice include:

• Worsening conditions after treatment.
• Inconsistent or conflicting diagnoses.
• Surgical errors or infections.

2. Don't Speak with Insurance Companies Without Legal Counsel

Insurance adjusters may attempt to minimize your claim or shift blame to protect their client. Avoid providing recorded statements or accepting settlements without consulting your attorney.

3. Don't Delay Taking Action

Medical malpractice cases take time to build, requiring expert opinions and extensive evidence. Delaying your claim can weaken your case and make it harder to meet legal deadlines.

4. Don't Settle for Less Than You Deserve

Medical malpractice can result in significant damages, including:

• Medical expenses.
• Lost wages.
• Pain and suffering.
  An attorney can help you calculate the full extent of your damages and negotiate for a fair settlement.

5. Don't Assume Every Negative Outcome Is Malpractice

Not every poor medical outcome constitutes malpractice. To succeed in a claim, you must prove:

• A breach of the standard of care.
• The breach caused your injuries.
  An attorney can evaluate whether your case meets these criteria.

Why Choose Our Firm?

With offices in Charleston, Georgetown, Myrtle Beach, and Pawleys Island, our team has extensive experience handling medical malpractice claims across South Carolina. We understand the challenges victims face and are committed to pursuing justice on your behalf.

Contact Us for a Free Consultation

If you believe you or a loved one has been a victim of medical malpractice, don't wait to take action. Contact our South Carolina offices today to schedule a consultation. We'll review your case, explain your options, and fight for the compensation you deserve.