The medical malpractice process in South Carolina involves five primary steps:
Each step helps determine whether a health care provider’s negligence caused harm and whether the injured patient has a valid legal claim.
Have you or someone you love suffered an injury because of a doctor’s mistake, a hospital’s failure to provide proper care, or another medical error? You may be wondering whether you can file a medical malpractice lawsuit in South Carolina.
You may also have questions about how long the process takes, what evidence you need, and whether you will have to go to court.
Medical malpractice cases can be complicated. South Carolina has specific laws that patients must follow before filing a lawsuit. Understanding these requirements can help you know what to expect and why having an experienced medical malpractice attorney matters.
Here is a closer look at the five primary steps involved in the medical malpractice process in South Carolina:
The first step in the medical malpractice process in South Carolina is investigating what happened.
Not every bad medical outcome is medical malpractice. Doctors and other health care professionals cannot guarantee that every patient will recover or respond to treatment. However, they are expected to provide care that meets accepted medical standards.
Under South Carolina law (South Carolina Code § 15-79-110), medical malpractice generally means that a health care provider or institution did something a reasonably careful provider would not have done or failed to do something a reasonably careful provider would have done under similar circumstances.
Examples of possible medical malpractice include:
To determine whether a valid medical malpractice claim exists, an attorney will need to investigate the facts.
There are some types of lawsuits that people may be able to handle on their own without help from an attorney. A medical malpractice suit typically isn’t one of them.
These cases are very complex. They require a medical malpractice attorney to gather medical evidence, get testimony from expert medical witnesses, and negotiate with large insurance companies who have their own experienced legal teams.
Your attorney may also look at hospital policies, test results, medication records, imaging studies, and other medical evidence.
It is important to understand that proving a medical mistake is not enough. A successful claim generally requires evidence that the provider failed to meet the appropriate standard of care and that the failure caused an injury.
The second step in the medical malpractice process in South Carolina involves gathering medical records and having qualified medical experts review them.
Medical records are among the most important pieces of evidence in a medical malpractice case. They help establish what happened before, during, and after the alleged medical error.
Your attorney may need records from several providers, including:
The attorney will organize these records and look for evidence of mistakes, missed warning signs, improper treatment, or failures to follow accepted medical practices.
Medical malpractice cases usually require testimony from qualified medical experts.
These experts review the records and help determine whether the health care provider followed the appropriate standard of care. They may also explain how the medical error caused the patient’s injury and what additional treatment or long-term care may be necessary.
South Carolina has specific requirements for expert affidavits in medical malpractice cases.
Under South Carolina Code Section 15-36-100, an expert affidavit must identify at least one alleged negligent act or omission and explain the factual basis for the claim, based on the evidence available when the affidavit is prepared.
The law also establishes qualifications for experts who provide these opinions.
Importantly, the expert does not always have to practice in exactly the same profession as the defendant. South Carolina’s expert qualification law recognizes other individuals with appropriate scientific, technical, or specialized knowledge who can assist in evaluating the conduct at issue.
The South Carolina Supreme Court addressed this issue in its 2026 decision in Blanchard v. 480 King Street, LLC, discussing the qualifications allowed under Section 15-36-100(A)(3). Although that case involved professional negligence outside the medical field, its interpretation of the expert qualification statute is relevant to understanding the law’s broader requirements.
Choosing the right medical experts is important. Their opinions can help determine whether the case has enough evidence to move forward.
The third step is an important part of what makes the medical malpractice process in South Carolina different from many other personal injury lawsuits.
Before filing a formal medical malpractice lawsuit, the injured patient must generally file a document called a Notice of Intent to File Suit (NOI).
South Carolina Code Section 15-79-125 establishes this requirement.
The Notice of Intent to File Suit must be filed in the county where the lawsuit would properly be filed. It must identify the defendants, explain the basic facts supporting the claim, and include the required expert witness affidavit.
The notice must also include any standard interrogatories or similar disclosures required by the South Carolina Rules of Civil Procedure.
The notice must be served on all named defendants according to the applicable service rules.
The purpose is to notify the healthcare providers and institutions that a medical malpractice claim is being pursued.
It also begins a process that allows both sides to review relevant information, obtain medical records, and attempt to resolve the dispute before a formal lawsuit is filed.
One important point: Filing the Notice of Intent to File Suit tolls the applicable statute of limitations under Section 15-79-125(A). This means the filing affects the legal deadline for pursuing the claim.
However, patients should never assume that they can wait until the last minute to contact an attorney. The timing and proper filing of the notice are important, and the law has specific requirements.
The fourth step in the medical malpractice process in South Carolina is pre-lawsuit mediation.
After the Notice of Intent to File Suit has been filed and served, the parties generally must participate in mediation.
Under Section 15-79-125(C), mediation must take place within 90 days and no later than 120 days after service of the Notice of Intent to File Suit, unless the court grants an extension of up to 60 additional days for good cause. This initial mediation usually is fairly short and done by phone or video.
Mediation is a meeting where the parties work with a neutral third person called a mediator.
The mediator does not decide who wins the case. Instead, the mediator helps both sides discuss the evidence, understand their positions, and explore whether they can reach a settlement.
During mediation, the injured patient and the health care providers or their representatives have an opportunity to discuss the claim.
The patient’s attorney may present evidence showing:
The insurance companies representing the doctors or hospitals may also present their positions.
If both sides agree on a fair settlement, the case may be resolved without filing a formal lawsuit.
However, mediation does not guarantee a settlement. If the parties cannot agree, the case can move forward.
It is important to understand that South Carolina requires this pre-lawsuit mediation as part of the medical malpractice process. It is separate from any later alternative dispute resolution requirements that may apply after a lawsuit is filed.
The fifth step is filing the formal lawsuit if pre-lawsuit mediation does not resolve the claim.
Under South Carolina Code Section 15-79-125(E), if mediation ends without a resolution, the plaintiff may initiate the civil action by filing a summons and complaint.
The lawsuit generally must be filed within 60 days after the mediator determines that mediation is not viable, an impasse exists, or mediation should end, or before the applicable statute of limitations expires, whichever is later.
The summons and complaint officially begin the court case.
The complaint explains the allegations against the defendants, the injuries suffered, and the legal basis for seeking compensation.
Once the lawsuit begins, both sides enter the discovery process. Discovery allows each side to gather information and evidence from the other. It may include:
A deposition is a formal question-and-answer session where a witness gives sworn testimony outside the courtroom. Your attorney will help you prepare if you need to give a deposition.
As the case develops, the attorneys may continue settlement discussions. A lawsuit does not mean that a settlement is no longer possible.
In fact, some medical malpractice cases settle after additional evidence becomes available through discovery.
Not necessarily.
Some medical malpractice cases settle before trial, while others proceed to court because the parties cannot agree on a fair resolution.
If your case goes to trial, your attorney will present evidence, question witnesses, and explain why the health care provider should be held responsible.
The defense will have an opportunity to present its own evidence and witnesses.
After hearing the evidence, a jury will decide whether the defendants are legally responsible and, if so, what damages should be awarded.
The losing party may also have the right to appeal certain decisions.
A medical malpractice trial can take considerable preparation. Your attorney should explain what to expect and help you understand each stage of the process.
There is no single timeline for a medical malpractice lawsuit in South Carolina.
Some claims may settle during the pre-lawsuit mediation process. Others may take several years to resolve, especially when the injuries are serious, multiple defendants are involved, or the parties disagree about medical evidence.
Several factors can affect how long a case takes:
It is important not to rush a medical malpractice claim before the full extent of the injuries and future medical needs are understood.
At the same time, patients should not delay getting legal advice because important deadlines may apply.
South Carolina generally allows two or three years from the date of the medical treatment, omission, or operation that caused the injury, or two or three years from the date the injury was discovered or reasonably should have been discovered.
However, the law generally does not allow more than six years to pass from the date of the occurrence.
This rule is found in South Carolina Code Section 15-3-545.
There are important exceptions. For example, different rules apply to certain claims involving foreign objects left in the body. Special provisions also apply to injured minors.
Another important consideration is that filing a properly prepared Notice of Intent to File Suit tolls the applicable statute of limitations under Section 15-79-125.
These deadlines can be complicated. The date you first noticed a problem is not necessarily the date the legal clock begins to run.
For that reason, anyone who believes they may have a medical malpractice claim should speak with an experienced South Carolina attorney as soon as possible.
For more than 30 years, The Law Offices of David L. Hood and his co-counsel legal team have represented injured South Carolinians in complex medical malpractice cases throughout the state. The firm has built a reputation for providing compassionate representation while aggressively pursuing justice for clients.
When medical negligence causes an injury, the patient may be entitled to compensation for several types of losses.
Depending on the facts of the case, damages may include:
In cases involving a patient’s death, surviving family members may also have legal options, including a wrongful death claim when the legal requirements are met.
The amount of compensation depends on the evidence, the seriousness of the injury, the financial losses, and the applicable law.
An attorney can review the facts and help determine what damages may be available.
The five primary steps are:
These steps are designed to establish whether medical negligence occurred, whether it caused harm, and whether the patient has a valid legal claim.
Generally, yes. South Carolina law requires a qualified expert affidavit to be filed with the Notice of Intent to File Suit. The affidavit must identify at least one alleged negligent act or omission and provide its factual basis.
Expert testimony may also be needed to explain the medical standard of care and how the provider’s actions caused the patient’s injuries
No. Many cases are resolved through settlement negotiations or mediation. However, if the parties cannot agree on a fair settlement, the case may proceed to trial.
The general statute of limitations is two or three years from the date of the treatment or omission, or two or three years from discovery or when the injury reasonably should have been discovered, subject to a general six-year limit from the date of the occurrence. Exceptions may apply, including for certain foreign-object claims and minors.
A Notice of Intent to File Suit also affects the deadline. An attorney should review the facts to determine the correct filing period.
Many medical malpractice attorneys handle these cases on a contingency fee basis. This means the attorney’s fee is based on the financial recovery rather than an upfront hourly payment.
At The Law Offices of David L. Hood, we handle medical malpractice cases on a contingency fee basis. Clients typically do not have to pay attorney’s fees or case expenses unless we obtain a financial recovery. If there is a recovery, clients are responsible for case expenses as explained in the fee agreement.
If you or someone you love has been injured because of a doctor’s mistake, hospital negligence, or another medical error, you deserve answers.
The medical malpractice process in South Carolina can be difficult to navigate. Strict filing requirements, expert witness affidavits, and mandatory mediation make these cases different from many other personal injury claims.
Since 1991, Attorney David L. Hood and his legal co-counsel team have fought to obtain justice for the people of South Carolina. Our firm works with experienced co-counsel and medical experts to investigate claims, identify negligence, and pursue compensation for injured patients and their families.
Our recognitions include:
The firm has also been recognized by BusinessRate among personal injury attorneys. These honors reflect professional recognition, but every case deserves an individual review based on its facts and evidence.
The Law Offices of David L. Hood also has more than 109 verified five-star client reviews reflecting their commitment to communication, personal attention, and service.
We offer a free, no-obligation initial consultation to discuss your potential medical malpractice claim. We represent clients on a contingency fee basis, so there typically are no attorney’s fees or case expenses unless we obtain a financial recovery.
Contact us at one of our 18 South Carolina locations, or by chat, text or email.
You do not have to figure out the medical malpractice process alone. Call us today!
