Compress Legal South Carolina Malpractice Forms For Free

In South Carolina, a medical malpractice case may be brought by an injured patient against any licensed health care provider, including a medical doctor, nurse, physical therapist, and mental health care professional.

You may have a medical malpractice case if you suspect negligence from your doctor or another care provider. To have a medical malpractice case, you must meet the four Ds?duty of care, deviation of duty, direct cause, and damages.

In South Carolina medical malpractice actions, expert testimony is required to establish that the healthcare professional failed to act competently and that the failure was the cause of the patient's injury, unless the subject matter of the lawsuit falls within a layman's common knowledge or experience.

While negligence and subsequent injury are necessary factors for a legally valid medical malpractice claim, their mere presence alone is not sufficient for a compensable claim. South Carolina medical malpractice law requires the injured patient to also prove causation between the negligence and the subsequent injury.

The courts define malpractice as the failure of a professional person to act in ance with the prevailing professional standards, or failure to foresee consequences that a professional person, having the necessary skills and education, should foresee.

File with the court?and provide to all health care providers who might be sued?a "Notice of Intent to File Suit" that, ing to South Carolina Code section 15-79-125, must identify all care providers to be sued and briefly state the plaintiff's basis for asking the court for a legal remedy, among other requirements ...