Does South Carolina limit what I can recover in an ER negligence case?
South Carolina law places limits on noneconomic damages in medical malpractice cases. However, the applicable limits can vary depending on the number and type of healthcare providers or institutions involved. The law also provides exceptions to these limits in certain circumstances. Economic damages are not subject to the same limits.
What if my loved one died because of emergency room negligence?
If a patient died due to medical negligence, a wrongful death claim may be available under South Carolina law. The personal representative of the estate usually files the claim on behalf of eligible beneficiaries. However, medical malpractice claims involving death are subject to applicable pre-suit requirements, including the notice of intent and mediation process.
What is the pre-suit process for an ER negligence claim in South Carolina?
South Carolina requires certain steps before a medical malpractice lawsuit can be filed. These steps generally include filing and serving a Notice of Intent to File Suit, along with a qualified expert affidavit. This is followed by pre-litigation mediation. If the case is not resolved through mediation, the plaintiff may file a lawsuit.
Can I sue a South Carolina hospital for emergency room negligence?
Depending on the circumstances, a hospital may be held responsible for certain failures in patient care or for the actions of its employees. Other healthcare providers, including non-hospital employee physicians, may also be involved in a claim. An attorney can review the facts to determine which parties may be responsible.
How do I know if what happened to me in the emergency room was negligence?
A poor medical outcome does not necessarily indicate negligence. The key questions are whether the healthcare provider failed to meet the applicable standard of care and whether that failure caused harm. Medical records and an expert review may be necessary to determine if a claim exists.