Liability and Compensation in a South Carolina Medical Malpractice Claim
Medical malpractice occurs when a healthcare professional fails to provide care that meets the applicable standard, and that failure causes injury to a patient. Malpractice can result from something a provider did incorrectly or something they failed to do when appropriate care required action.
Potentially responsible healthcare professionals may include doctors, nurses, surgeons, dentists, chiropractors, physician assistants, pharmacists, and others involved in a patient’s care. Depending on the circumstances, hospitals, medical practices, clinics, nursing homes, and other healthcare organizations may also bear responsibility for malpractice involving their employees or their own negligent practices.
Generally, a medical malpractice claim requires showing that:
- A provider-patient relationship created a duty of care
- The healthcare provider breached the applicable standard of care
- The breach caused or contributed to an injury
- The patient suffered damages as a result
A medical error without resulting harm generally does not create a compensable malpractice claim. When negligence does cause harm, however, the consequences can include additional medical treatment, permanent disability, lost income, significant pain and suffering, or death.
Depending on the circumstances, compensation may include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Rehabilitation and ongoing care
- Pain and suffering
- Mental anguish and emotional distress
- Disfigurement or disability
- Loss of consortium
- Wrongful death damages when applicable
- Punitive damages in certain cases
South Carolina also limits certain non-economic damages in medical malpractice cases, although the applicable limits are subject to statutory adjustments and exceptions. Economic damages, such as medical expenses and lost income, are treated differently. Because the value of a claim depends heavily on the specific injuries, responsible parties, and circumstances, an attorney can evaluate the full extent of the damages available in an individual case.