Surgical Errors And Patient Rights In South Carolina
Surgery carries inherent risks, and patients understand that. What patients do not sign up for, however, is harm caused by a surgeon’s or medical team’s negligence. Surgical errors are among the most serious forms of medical malpractice, and they can leave patients with lasting physical damage, the need for additional procedures, and a long road to recovery. If something went wrong during your surgery in South Carolina, it is worth understanding what your rights are and what the law allows you to do about it.
When a Surgical Mistake Crosses the Line Into Malpractice
Not every bad surgical outcome is the result of negligence. But when a healthcare provider fails to meet the accepted standard of care and that failure causes harm, it may constitute medical malpractice. Some of the more common surgical errors that can give rise to a legal claim include:
- Operating on the wrong body part or the wrong patient entirely
- Perforating or damaging an organ during a procedure
- Leaving a surgical instrument, sponge, or other foreign object inside the body
- Administering incorrect anesthesia dosages
- Failing to properly monitor a patient during or after surgery
- Failing to address complications that arise during the procedure
These types of errors can cause infections, chronic pain, nerve damage, the need for corrective surgery, and in the most tragic cases, death. If you believe something like this happened to you or a family member, you have every right to look into it further.
What South Carolina Law Says About Your Rights
South Carolina law gives injured patients the ability to pursue a medical malpractice claim when a healthcare provider’s negligence causes harm. Under South Carolina Code § 15-3-545, patients generally have three years from the date of the procedure, or from the date they discovered or reasonably should have discovered the harm, to file a lawsuit. There is also an absolute outer limit of six years from the date the act occurred, regardless of when the injury was discovered. One important exception applies when a foreign object is left inside the body: in those situations, a patient has two years from the date of discovery.
Before a lawsuit can be filed, South Carolina also requires that the person bringing the claim serve a Notice of Intent to File Suit on each defendant at least 90 days in advance, as outlined in S.C. Code § 15-79-125. This notice requirement adds another layer of procedure that makes timing especially important.
Building a Surgical Malpractice Claim
Proving that a surgical error occurred is rarely straightforward. Because these cases involve complex medical questions, they typically require a careful review of records and the opinion of medical professionals who can speak to what the standard of care requires. The kinds of evidence that often matter most include operative reports and medical records from before, during, and after the surgery, imaging or diagnostic results, statements from medical staff present during the procedure, and expert testimony explaining how the care you received fell below accepted standards. Insurance companies and hospital legal teams are well-resourced and will work hard to minimize or deny a claim. Documenting everything and acting promptly gives a claim its best foundation.
Reach Out to Our Team to Discuss What Happened
Surgical errors can turn your life upside down, and the path forward is not always clear. If you are trying to figure out whether what happened to you or someone you love may constitute malpractice, speaking with someone who knows this area of the law is a meaningful first step. At The Stanley Law Group, our Columbia personal injury attorneys are here to listen, review what occurred, and help you understand your options. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Reach out to The Stanley Law Group today to schedule a free consultation.
Source:
scstatehouse.gov/code/t15c003.php