What damages may be available in a South Carolina hospital negligence case?
Recoverable damages may include medical expenses for additional treatment necessitated by negligent care, lost income and diminished earning capacity, pain and suffering, emotional distress, permanent disability, and wrongful death damages when negligence contributes to a patient’s death. South Carolina currently doesn’t cap compensatory damages in most medical malpractice cases, though punitive damages are subject to […]
How can I tell if I need a lawyer who specializes in hospital negligence or medical malpractice?
These terms are often used interchangeably in claims against hospitals and their staff. What matters is whether the attorney you consult has experience with medical negligence claims, understands South Carolina’s procedural requirements for these cases, and has access to qualified medical experts who can evaluate the standard of care. The team at Hughey Law Firm […]
What if the negligent care occurred at a government-owned hospital in South Carolina?
Claims against government-owned hospitals, including some county and state facilities, are subject to the South Carolina Tort Claims Act. This act imposes different procedural requirements and shorter notice deadlines. In some cases, it also imposes damages caps that do not apply to private hospitals. If the hospital is government-owned, it’s particularly critical to consult an […]
Can a hospital be held liable for the negligence of an independent contractor physician?
This is one of the most contested issues in hospital negligence litigation. Hospitals often claim that physicians working in their facilities are independent contractors, not employees, which limits the hospital’s vicarious liability. However, courts in South Carolina have carefully examined this argument and found hospitals liable when patients reasonably believed the physician was a hospital […]
Does every negative medical outcome constitute negligence?
No, because medicine involves genuine uncertainty, and not every complication or adverse outcome reflects negligent care. The legal question is whether the care provided fell below what a reasonably competent provider would have provided under similar circumstances. It’s not about whether the outcome was worse than expected. A hospital negligence lawyer working with a qualified […]