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South Carolina Malpractice Law

  • South Carolina is a state in US. It is surrounded by Georgia from the south and North Carolina from the north. Medical malpractice law in this United States has been under the authority of the states and not of the federal government. Every State has its own set of rules governing medical malpractice lawsuits.

    Malpractice law occurs when a person acts in a negligent manner while taking care of a problem. It can be a failure to diagnose, a misdiagnosis of disease or condition, a failure to treat the condition appropriately or an unreasonable delay in treatment. It is associated to medical wrongdoings and regarded as an actionable activity.

    An injured patient can brings medical malpractice actions against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists. Summary of malpractice laws in South Carolina are as following:

    • All the cases of medical malpractices should be brought within 3 years from the date of discovery of injury. But no case can be brought after 6 years from date of occurrence.
    • The foreign object cases may be brought within 2 years from the date of discovery.
    • In case of minor the statue of limitation begins to run on a minor’s eightieth birthday. However this period should not extend beyond 7 years from date of occurrence or 1 year from date of attaining majority, whichever period is shorter is considered
    • In case of mentally incompetent or insane people, a 1 year limitation period following from the time of removal of the disability is provided otherwise the limit should not exceed more than 5 years from the date of occurrence of injury.
    • South Carolina does not impose any limitation on the medical malpractice cases.
    • If a plaintiff has received compensation from other sources such as plaintiff’s own insurance policy then too he or she is entitled to receive whole judgment amount from the defendant. A defendant can not seek ant relaxation by presenting evidence of collateral source.
    • There are no as such conditions for witnesses. No need of expert witness.
    • In case if more than 1 defendant is found liable for the injury then in such case all the defendant are individually liable for entire money of judgment. If suppose one defendant is unable to pay the amount then the other defendant will be held liable for paying entire money.

    If you are suffering from any kind of loss due to the negligence of a professional, you should seek help from any malpractice attorney. Attorney is expert in dealing with medical malpractice cases. I hope you have got an idea for filing a medical malpractice suit.

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