South Carolina
Medical Malpractice Lawyer
Holding healthcare providers accountable when negligence causes serious harm.
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Statewide Medical Malpractice Representation
When Medical Care Causes Harm
Medical malpractice cases are among the most complex in civil litigation. Healthcare negligence is not obvious. It requires deep knowledge of medical standards of care, access to qualified experts, and the determination to hold healthcare providers accountable when their negligence causes serious harm.
Attorney Ryan Pasquini approaches medical malpractice cases with the same litigation-first mindset applied to all Pasquini Law representation. That means thorough investigation, expert consultation, and preparation for trial. Medical providers and their insurers take medical malpractice claims seriously, and they expect to face counsel who understands the complexity of these cases and is prepared to litigate aggressively if necessary.
Pasquini Law represents medical malpractice clients throughout South Carolina, including Greenville, Bluffton, and communities statewide. You will work directly with your attorney from the first consultation through final resolution.
Who Can Be Held Liable
Medical malpractice claims may be brought against a range of healthcare providers and entities, including doctors and specialists, surgeons, anesthesiologists, radiologists, pathologists, physician assistants, nurses, nurse practitioners, pharmacists, chiropractors, dentists and oral surgeons, physical therapists, and osteopaths. In addition to individual providers, the healthcare practice, hospital, medical group, or corporate entity that employs or contracts with the provider may also be held liable.
Determining the appropriate defendants in a medical malpractice case is critical. Attorney Ryan Pasquini evaluates every potential source of liability to ensure that all responsible parties are identified and held accountable.
Categories of Medical Negligence
Types of Medical Malpractice Cases We Handle
Medical malpractice encompasses failures in diagnosis, treatment, medication management, surgical technique, and patient safety. Each type of case presents distinct legal and medical challenges.
Surgical Errors
Surgical errors include operating on the wrong site or patient, leaving surgical instruments in the body, injuring vital structures during surgery, and performing unnecessary procedures. These preventable mistakes can result in serious complications and permanent injury.
Misdiagnosis and Delayed Diagnosis
A missed cancer diagnosis, failure to diagnose a heart condition, or delayed recognition of a serious infection can allow disease to progress unchecked. The standard of care requires physicians to recognize symptoms that would alert a reasonable practitioner to the need for further investigation.
Medication Errors
Prescribing the wrong drug or wrong dose, administering medication via the wrong route, and failing to check for dangerous drug interactions constitute medication errors. Pharmacists, nurses, and physicians each have responsibilities in medication safety.
Birth Injuries
Obstetric negligence can cause permanent injuries to mother or child. Failure to monitor fetal heart rate, delayed or improper response to complications during labor, and inadequate resuscitation after delivery may result in cerebral palsy, Erb’s palsy, or maternal injury.
Hospital Negligence
Hospital staff failures include hospital-acquired infections due to inadequate sterilization, falls due to inadequate supervision, and pressure ulcers from poor patient care. Hospitals have non-delegable duties to maintain a safe environment and supervise staff properly.
Anesthesia Errors
Anesthesiologists have a duty to monitor patients properly, maintain adequate oxygenation, and manage airways safely. Anesthesia awareness, failed intubation, hypoxic injury, and dosage errors can cause permanent brain damage or death.
Legal Requirements
South Carolina Medical Malpractice Law
South Carolina imposes specific procedural and substantive requirements on medical malpractice claims. Understanding these rules is essential to preserving your right to sue.
Notice of Intent to File Suit
South Carolina Code Section 15-79-125 requires that you serve notice of intent to file a medical malpractice lawsuit on the healthcare provider at least 90 days before filing suit. This notice must identify the claimant, the healthcare provider, and the date, place, and nature of the alleged negligence. Failure to provide proper notice can result in dismissal of your case. The notice must be served by certified mail, personal delivery, or other methods specified in the statute.
Expert Affidavit Requirement
You must file an affidavit from a qualified healthcare provider before or with your complaint. This affidavit must state that the defendant’s conduct fell below the applicable standard of care and that such conduct was a substantial factor in causing your injuries. The expert must be licensed and have knowledge and experience relevant to the type of healthcare at issue. Courts carefully scrutinize expert affidavits to ensure they meet statutory requirements, making the selection and preparation of expert testimony critical to your case.
Statute of Limitations
South Carolina Code Section 15-3-545 imposes a three-year statute of limitations running from the date of discovery of the injury. However, there is also an absolute six-year cap from the date of the alleged negligent act, regardless of when you discovered the injury. This means that even if you discover harm caused by healthcare negligence four years after the negligent act, you cannot sue—the six-year absolute deadline has passed. These deadlines are strictly enforced, and extensions are rare.
Damages and Recovery
South Carolina permits recovery of economic damages (medical expenses, lost wages, future care costs, secondary complications, nursing and personal care, and physical therapy) and non-economic damages (pain and suffering, emotional anguish, mental health injury, loss of enjoyment of life, and loss of consortium). Wrongful death compensation may also be available when medical negligence results in a fatality.
Damage Caps by Provider Classification
South Carolina imposes caps on non-economic damages in medical malpractice cases. The applicable limits depend on how the healthcare provider is classified.
Private providers (S.C. Code § 15-32-220): Non-economic damages are capped per entity, with a higher aggregate cap for multiple defendants. These caps are tied to the Consumer Price Index and adjusted annually. Damage caps do not apply if gross negligence or willful, wanton, or reckless conduct is found. Examples of private providers include Bon Secours, St. Francis, Prisma Health, and AnMed.
Government entities (S.C. Code § 15-78-120): Damages are capped at $300,000 per person per occurrence, and $600,000 total per occurrence. For claims involving a government physician or dentist, the cap is $1.2 million total. Punitive and exemplary damages are not available. Examples include MUSC and Spartanburg Regional.
Charitable organizations (S.C. Code § 33-56-180): Damage limitations under the South Carolina Tort Claims Act apply, with caps of $300,000 per occurrence per entity, or $600,000 total. Claims involving a licensed physician or dentist are capped at $1.2 million. Punitive damages are not available.
Punitive damages may be available in private provider cases if the healthcare provider’s conduct was willful, wanton, or in reckless disregard of the patient’s rights. Understanding how your provider is classified is essential to evaluating the potential value of your claim.
What Sets Us Apart
Our Approach to Medical Malpractice Cases
Medical Record Analysis
We conduct thorough review of all medical records, imaging, laboratory results, and related documentation. Early identification of deviations from the standard of care informs expert selection and case strategy from the beginning.
Expert Consultation
We work with qualified healthcare providers who can clearly explain how the defendant’s conduct fell below the standard of care. Credible, articulate expert testimony is the foundation of every successful medical malpractice case.
Litigation-Ready Preparation
Every case is prepared with the expectation that it will go to trial. That preparation—careful discovery, expert development, evidence preservation—gives us meaningful leverage in settlement discussions and ensures we are ready if the case goes before a jury.
From Consultation to Resolution
The Medical Malpractice Case Process
Medical malpractice cases in South Carolina follow a specific process that differs from other civil litigation. Here is what to expect.
1. Case Evaluation and Medical Record Review
Your case begins with a thorough review of your medical records, treatment history, and the circumstances of your injury. We consult with qualified medical experts to assess whether the standard of care was breached and whether that breach caused your harm.
2. Notice of Intent to File Suit
South Carolina law requires a Notice of Intent to be served on the healthcare provider at least 90 days before suit is filed. This notice includes a statement of facts, names all defendants, and must be accompanied by an expert affidavit and standard interrogatories.
3. Pre-Suit Discovery and Mediation
After service of the Notice of Intent, defendants may subpoena medical records and related documents. Within 120 days, the parties must participate in mediation. Many cases are resolved during this phase through negotiated settlements.
4. Filing Suit and Litigation
If the case is not resolved at mediation, a civil action is filed. The case then proceeds through formal discovery, depositions, and additional dispute resolution. If no settlement is reached, the case moves to trial. Every case at Pasquini Law is prepared with trial in mind from the beginning.
Statewide Coverage
Serving Clients Across South Carolina
Pasquini Law handles medical malpractice cases throughout South Carolina. While our offices serve the Greenville and Upstate region and the Bluffton and Lowcountry area, we represent clients in courts across the state.
Medical malpractice is one of several practice areas at Pasquini Law. We also represent clients in personal injury, eminent domain, and business litigation matters.
Contingency Fee Representation
No Fee Unless We Recover Compensation
Pasquini Law handles medical malpractice cases on a contingency fee basis. That means there are no upfront costs and no attorney’s fee unless we obtain a recovery on your behalf. This arrangement ensures that quality legal representation is accessible regardless of your financial situation, and that our interests are aligned with yours from day one.
Common Questions
Frequently Asked Questions
How long do I have to file a medical malpractice claim in South Carolina?
South Carolina law provides a three-year statute of limitations running from the date of discovery of the injury (S.C. Code § 15-3-545). However, there is an absolute six-year deadline from the date of the negligent act. This means you must file suit within three years of discovering the harm, but never more than six years after the negligent act occurred. These deadlines are strictly enforced, and missing them results in permanent loss of your right to sue.
What do I need to prove in a medical malpractice case?
You must prove four elements: (1) the healthcare provider owed you a duty of care, (2) the provider breached that duty by falling below the applicable standard of care, (3) you suffered injury or harm, and (4) the breach was a substantial factor in causing your injury. The standard of care is typically established through expert testimony. Meeting each element requires thorough investigation and credible evidence.
How much does a medical malpractice lawyer cost?
Pasquini Law handles medical malpractice cases on a contingency fee basis. You pay no upfront costs and no attorney’s fee unless we obtain a recovery on your behalf. The specific fee percentage is discussed during your free initial consultation. This arrangement ensures you can pursue a claim without financial risk.
Can I sue a hospital in South Carolina?
Yes, you can sue a hospital for medical negligence. Hospitals are responsible for negligent acts of their employees, and they have non-delegable duties to maintain a safe facility, properly supervise staff, and select and retain competent personnel. Hospital negligence claims often involve failures in communication, inadequate staffing, poor infection control, or failure to intervene when a patient is endangered.
What is the Notice of Intent requirement for SC medical malpractice?
Before filing a medical malpractice lawsuit in South Carolina, you must serve the healthcare provider with a notice of intent at least 90 days before filing suit (S.C. Code § 15-79-125). The notice must identify the parties, describe the alleged negligence and injuries, and be served by certified mail or personal delivery. Proper notice is a mandatory prerequisite to suit, and failure to provide timely notice can result in dismissal of your case.
Does every medical mistake qualify as malpractice?
Not every medical mistake leads to a viable malpractice claim. For there to be a claim, the mistake must have been a substantial factor in causing actual harm to the patient. This legal concept, known as causation, requires showing that the injury would not have occurred but for the provider’s negligence. A bad outcome alone is not sufficient—there must be a clear connection between the substandard care and the harm you suffered.
What should I do right now if I suspect medical malpractice?
Preserve all records related to your medical care, including discharge papers, medication lists, bills, and insurance correspondence. Document dates of treatment, the providers involved, and what you were told. Keep a journal of your symptoms, pain levels, and recovery progress. Do not wait to contact an attorney—the statute of limitations imposes strict deadlines, and evidence is easier to preserve when action is taken early.
Free Consultation
Harmed by Healthcare Negligence?
Contact Pasquini Law for a free, confidential consultation about your medical malpractice case. We represent clients in Greenville, Bluffton, and across South Carolina.