- Featured Cases, Medical Malpractice
- Hospital Neglect, Nursing Home
- Hospital Neglect, Nursing Home
- Featured Cases, Hospital Neglect, Nursing Home Neglect
- Hospital Neglect
- Hospital Neglect
- Medical Malpractice
- Medical Malpractice
Key Takeaways
- In South Carolina, hospital negligence claims are generally treated as medical malpractice claims. Therefore, you need expert testimony on the standard of care.
- Before filing a lawsuit, South Carolina requires a Notice of Intent to File Suit and an expert affidavit, followed by mandatory mediation.
- The deadline is typically three years from the date of treatment or discovery, with an outer limit of six years, and the pre-suit notice pauses the clock.
- South Carolina limits noneconomic damages in medical malpractice cases, but economic damages, such as medical bills and lost income, are not capped.
- Hospitals can be held responsible for their employees, as well as contract physicians in some cases. Hughey Law Firm takes on these cases on a contingency fee basis.
South Carolina Hospital Negligence and Malpractice Guide
Why Hire Hughey Law Firm After a Case of Hospital Negligence in South Carolina?
Hospital negligence in South Carolina is more common than you may realize. A federal review by the HHS Office of Inspector General found that one in four hospitalized Medicare patients experienced harm, and physician reviewers judged 43% of those harm events preventable. Our law firm knows, as we frequently help victims of hospital negligence hold liable parties accountable.
- Our personal injury attorneys have relevant experience in hospital negligence cases: When you’re seeking a hospital negligence attorney, consider experience. Our lawyers have handled many cases involving costly hospital failures, so we’re well-positioned to lead your case. We won’t be surprised by any challenge that comes our way.
- We have guided clients through hundreds of civil cases, getting hundreds of case results in the process: We haven’t just handled hospital negligence cases; we’ve won them. This is a crucial distinction, as case results prove a law firm’s effectiveness at getting money for its clients. Our results include many multi-million-dollar recoveries for clients in need.
- We provide legal services to every corner of South Carolina: Hughey Law Firm has a personal connection to South Carolinians. With attorneys born, raised, educated, and rooted in The Palmetto State, Hughey Law Firm is a legal team by South Carolinians for South Carolinians.
- You’ll receive the utmost respect and service as a client of Hughey Law Firm: Client service is our priority. There is no excuse for poor client service, which is why each client gets respect, compassion, and a completely supportive legal team.
Past results do not guarantee future outcomes. Each case is unique and depends on its own facts and circumstances.
Certain Groups Are at High Risk of Hospital Negligence
These groups include:
- The elderly, who studies indicate hospitals mistreat and neglect
- Unconscious patients who cannot advocate for themselves when the quality of care lags
- Verbally and visually impaired patients
- Developmentally impaired patients
Recoverable Damages in a South Carolina Hospital Negligence Case
Medical negligence is an increasing concern in American healthcare. Too often, though, our clients do not realize the cost of hospital negligence until they become victims.
- Suffer preventable injury or illness because of hospital negligence
- Lose a loved one because of hospital negligence
When we’re representing someone with non-fatal injuries or illness, we often seek compensation for:
- Medical expenses: Our clients often have medical bills from an initial hospital visit. Then, negligence causes them to suffer health complications that come with more medical bills. Hughey Law Firm will seek compensation for all of these medical bills, including the cost of negligent care.
- Pain and suffering: Victims of hospital negligence may experience physical pain, emotional and psychological anguish, lost quality of life, depression, suicidality, sleep problems, and other types of pain and suffering. South Carolina allows us to assign a monetary value to these damages and request fair compensation.
- Professional damages: If hospital negligence leads to professional damages, we’ll include these in your lawsuit or claim. Such damages can include lost income, diminished earning power, missed bonus and promotion opportunities, lost benefits, and other types of professional harm.
- Damages for disability: Clients who become disabled due to hospital negligence suffer additional damages. They may need a full- or part-time caregiver, medical equipment, a specialized vehicle, home renovations, and other economic and non-economic damages.
- Mental healthcare: If the turmoil caused by hospital negligence requires you to seek treatment, we’ll include the cost of your care in your lawsuit against the liable hospital.
The specific injury or illness you suffer and your unique symptoms will affect your damages (both type and value). Our attorneys have calculated damages in many hospital negligence cases, and we always assess damages accurately. We’ll do the same for you. For severe or permanent harm, see our catastrophic injury practice.
We Help Victims Seek Justice After Fatal Instances of Hospital Negligence
- Funeral and burial costs
- The decedent’s pain and suffering
- Surviving loved ones’ pain and suffering
- Loss of spousal companionship
- Loss of parental guidance
- Lost financial support
- Grief counseling
- Loss of the decedent’s household services
It breaks our attorneys’ hearts to see hospital negligence claim a life. We work relentlessly to hold hospitals and other liable parties accountable when they cause the loss of life. These claims are generally brought by the executor or administrator of the estate. See our wrongful death practice for more.
What Does Hughey Law Firm Do for Victims of Hospital Negligence in South Carolina?
- Document your account of negligence
- Secure all evidence of negligence
- Request your complete medical records and send preservation demands to the hospital
- Speak with witnesses to negligence and record their accounts
- Consult professionals about how the hospital was negligent
- Medical records and bills
- Experts’ account of pain and suffering that has resulted from hospital negligence
- Proof of lost income
- Any other documentation that illustrates your damages
- Testify about the specific types of hospital negligence involved in your case
- Explain what reasonable medical professionals will have done versus what hospital staff actually did
- Help us determine the cost of damages
You can call (843) 881-8644 or complete our contact form to schedule a free consultation and connect with our team.
Hughey Law Firm’s Fee Structure Eliminates All Financial Pressure From Hiring a Lawyer
- Don’t ask for (or even accept) upfront compensation from you
- Don’t charge by the hour or for a guaranteed rate
- Sign an agreement to receive a portion of any settlement or verdict we get for you
- Only receive the fee if we win your case
What Is Hospital Negligence?
Hospital negligence falls into two primary categories:
- Unintentional errors
- Willful neglect
Whether or not caregivers intend to neglect the victim, a hospital’s negligence causes harm to the victim. Negligence happens when a liable party does not act as a reasonable person should.
- Failing to provide basic care (cleaning, in-bed rotations, bathing, medications, and assistance with eating and drinking)
- Failing to monitor the patient and provide prompt care when necessary
- Failing to protect the patient from abuse
- Committing surgical errors
- Misdiagnosing medical conditions
- Delaying a diagnosis in a way that allows a medical condition to become worse
Common Types of Hospital Negligence Cases
Common hospital negligence cases involve medication errors, surgical errors, misdiagnosis or delayed diagnosis, emergency room failures, hospital-acquired infections and bedsores, falls, birth injuries, and anesthesia errors.
The HHS OIG review found that medication-related events were the most common type of patient harm, followed by problems with patient care, surgery, and infections. Cases our attorneys see include:
- Medication errors. Wrong drugs, wrong doses, and missed interaction checks can cause serious reactions.
- Surgical errors. Mistakes during surgery, including operating on the wrong site, can require more surgeries. See our guide to wrong-procedure surgery.
- Misdiagnosis and delayed diagnosis. A missed stroke, infection, or cancer can let a treatable condition become life-threatening.
- Emergency room failures. Rushed triage, premature discharge, and missed warning signs can have deadly results. See our emergency room negligence page.
- Infections and bedsores. Poor hygiene and skipped repositioning can cause infections and pressure sores. See our bedsores practice.
- Falls, birth injuries, and anesthesia errors. Each can cause permanent harm when staff do not follow safety and monitoring standards.
Who Is Financially Liable for Hospital Negligence in South Carolina?
No two instances of hospital negligence are identical. Our attorneys will investigate every aspect of your case to determine liability.
South Carolina Laws That Affect a Hospital Negligence Claim
Under S.C. Code § 15-79-125, a patient must file a Notice of Intent to File Suit and an expert affidavit before starting a malpractice lawsuit against a hospital, and the parties must then attempt mediation. The expert must identify at least one negligent act. These steps take time, so an early start matters.
Under S.C. Code § 15-3-545, a medical malpractice claim generally must be filed within three years of the treatment or three years of discovery, but no more than six years after the act. Filing the Notice of Intent pauses the deadline during the pre-suit period.
South Carolina caps noneconomic damages, such as pain and suffering, in malpractice cases at $350,000 per defendant and $1.05 million in total, with annual adjustments and certain exceptions. Economic damages, such as medical bills and lost income, are not capped.
South Carolina’s modified comparative negligence rule, set in Nelson v. Concrete Supply Co., bars recovery if you are found more than 50% at fault. Effective January 1, 2026, Act 42 (H. 3430) also reformed the state’s joint and several liability rules, which can matter when several defendants share fault. An attorney can explain how both apply to your dates of care.
What to Do if You Suspect Hospital Negligence
- Get the care you need. Seek a second opinion or follow-up care if you were harmed.
- Request your complete records, including notes, medication logs, test results, and bills.
- Write a timeline of dates, names, symptoms, and what staff told you.
- Be careful with the hospital. Do not sign releases or give recorded statements to risk management or insurers before speaking with an attorney. You can also file a complaint with the South Carolina Department of Public Health.
- Keep your paperwork, including discharge papers, bills, and insurance statements.
- Call Hughey Law Firm. The pre-suit steps and deadlines begin to run early, and records can change.
If you choose not to hire a lawyer, you place your case in jeopardy. If you suffered an injury or were sick or coping with a loved one’s passing, managing a lawsuit or claim can negatively affect your mental and physical health.
Call Hughey Law Firm Today for Your Free Consultation About Hiring a Hospital Negligence Lawyer in South Carolina
Hospital negligence is never acceptable and can cause life-changing harm to a victim. A South Carolina personal injury lawyer from Hughey Law Firm will fight for your financial recovery, whether you suffered medical-related injuries or lost a loved one due to hospital errors.
Call Hughey Law Firm today at (843) 881-8644 or contact us via our website. Call Hughey Law Firm immediately for your free, no-obligation consultation.
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Frequently Asked Questions About South Carolina Car Accident Lawyers
How much does it cost to hire Hughey Law Firm?
Nothing upfront. We work on contingency and receive a fee only if we win your case.
Do I need a South Carolina hospital negligence lawyer?
Yes, in nearly every case. The pre-suit requirements, expert witnesses, and caps make these cases difficult to handle alone.
What if my loved one died because of hospital negligence?
The estate’s representative can bring a wrongful death claim for the family. Deadlines apply, so speak with an attorney quickly.
Is there a cap on damages?
South Carolina limits noneconomic damages in malpractice cases, with annual adjustments and exceptions. Medical bills and lost income are not capped.
How long do I have to file?
Generally three years from treatment or discovery, with a six-year outer limit. The pre-suit notice pauses the clock, but waiting still puts evidence and your claim at risk.
What must I prove?
That the hospital owed you a duty of care, breached the standard of care, and caused your injury, and that you suffered damages.
Can I sue a hospital for a doctor’s mistake?
Often yes. A hospital can be responsible for its employees, and South Carolina courts have held a hospital can be liable for contractor physicians in its emergency room. Government hospitals follow different rules.
Is hospital negligence the same as medical malpractice in South Carolina?
Generally yes. A hospital negligence claim usually must prove that the hospital or its staff fell below the standard of care, and that requires expert testimony.