What Qualifies As Medical Malpractice In South Carolina
Not every negative medical outcome qualifies as malpractice. In South Carolina, medical malpractice generally occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. But what does that actually mean for you?
The “standard of care” refers to the level and type of care that a reasonably competent medical professional would provide under similar circumstances. When that standard is not met and a patient is injured as a result, it may be considered malpractice under South Carolina law.
Key Elements That Define a Claim
To better understand whether a situation may qualify as medical malpractice, it helps to look at the basic elements that are typically involved. These include:
- A provider-patient relationship existed
- The provider failed to meet the accepted standard of care
- That failure caused an injury
- The injury resulted in measurable damages
All four of these factors generally need to be present for a situation to rise to the level of malpractice. Without one of these elements, a claim may not meet the legal threshold required under state law.
Common Examples of Medical Malpractice
Medical malpractice can take many different forms, depending on the circumstances. While every case is unique, some of the more commonly reported situations include surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, and birth injuries.
For example, a delayed diagnosis could allow a condition to worsen unnecessarily, while a medication error might involve prescribing the wrong drug or dosage. These types of issues may qualify as malpractice if they stem from a deviation from accepted medical standards and result in harm.
How South Carolina Law Approaches These Cases
South Carolina law outlines the framework for bringing medical malpractice claims, including specific procedural requirements. For instance, before filing a lawsuit, plaintiffs are generally required to submit a Notice of Intent to File Suit and an expert affidavit that supports the claim. These requirements are established under South Carolina Code Section 15-79-125.
This process is designed to ensure that claims are supported by qualified medical opinions and that only cases with a valid basis proceed through the legal system.
Contact Our Team for Help
Understanding what qualifies as medical malpractice can help you better evaluate your situation. While not every poor outcome is the result of negligence, there are circumstances where medical care falls below accepted standards and causes harm.
Have you been the victim of malpractice? It’s in your best interests to contact a professional who can guide you through each step of the way towards recovering compensation. Reach out to the Stanley Law Group today to speak with our Columbia personal injury attorneys and learn more about how we can help you.
Source:
scstatehouse.gov/code/t15c079.php
