When a healthcare provider’s negligence causes you harm, you have the right to pursue compensation. However, proving medical malpractice in South Carolina requires meeting specific legal standards. Understanding the four essential elements—duty, breach, causation, and damages—is crucial to building a strong case. This guide walks you through what you need to prove and how Goings Law Firm, LLC can help you handle the process.
Why Choose Goings Law Firm, LLC for Your Medical Malpractice Claim
Goings Law Firm, LLC has extensive experience handling medical malpractice cases throughout South Carolina. Our team understands the state’s unique legal requirements, including the mandatory expert witness affidavit and pre-litigation procedures. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
When you choose Goings Law Firm, LLC, you get attorneys who know how to build compelling cases against healthcare providers and their insurers. Robert F. Goings, our founding attorney, has been recognized in South Carolina Super Lawyers for his litigation expertise and has secured significant verdicts in complex medical negligence cases.
The Four Elements You Must Prove
To win a medical malpractice case in South Carolina, you must establish four key elements. Each one is essential—if you fail to prove even one, your case may be dismissed. These elements are grounded in South Carolina Code § 40-47-30, which governs medical malpractice claims and establishes the legal framework for healthcare provider liability.
Element 1: Establishing a Doctor-Patient Relationship
The first step is proving that a valid doctor-patient relationship existed between you and the healthcare provider. This relationship creates a legal duty of care. It doesn’t matter if you saw the provider once or multiple times—what matters is that the provider agreed to treat you and you relied on their medical expertise. This element is usually straightforward to prove with medical records and billing statements. Understanding this foundational element is critical to any medical malpractice claim.
Element 2: Proving the Healthcare Provider Was Negligent
Next, you must show that the healthcare provider breached their duty of care. In South Carolina, healthcare providers must follow the “standard of care“—the level of skill and care that a reasonably competent provider in the same field would provide under similar circumstances.
Negligence means the provider fell below this standard. Examples include misdiagnosis, surgical errors, medication mistakes, or failure to order necessary tests. Proving negligence typically requires expert testimony from a medical professional in the same specialty. Our medical malpractice attorneys in Columbia work with qualified experts to establish breach of duty.
Element 3: Demonstrating Causation
You must prove that the provider’s negligence directly caused your injury. This is often the most challenging element. You cannot simply show that you were harmed after receiving treatment—you must demonstrate a clear connection between the negligent act and your injury.
For example, if a surgeon nicked an artery during surgery and you suffered complications, causation is clear. However, if you developed an infection that could have occurred even with proper care, causation becomes harder to prove. Expert witnesses play a critical role in establishing this link. This is why hiring a medical malpractice attorney with experience in causation arguments is essential.
Element 4: Documenting Your Damages
Finally, you must prove you suffered actual damages. Damages fall into two categories: economic and non-economic. Economic damages include medical bills, lost wages, rehabilitation costs, and other quantifiable losses. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
In South Carolina, non-economic damages are capped at $580,461 per claimant (single defendant) or $1,741,383 per claimant (multiple defendants) as of 2025. These caps are adjusted annually for inflation. Your damages must be documented with medical records, bills, pay stubs, and testimony about your physical and emotional suffering. Learn more about how pain and suffering damages are calculated and economic vs. non-economic damages.
The Role of Expert Witness Testimony
Expert witness testimony is mandatory in South Carolina medical malpractice cases. You cannot proceed without it. An expert witness must be a licensed healthcare provider in the same field as the defendant—for example, a cardiologist testifying against another cardiologist. The expert reviews your medical records and provides an affidavit stating that the defendant’s care fell below the standard of care and caused your injury.
This affidavit must accompany your Notice of Intent to File Suit. Without a credible expert willing to support your claim, you cannot move forward with your case. Our South Carolina medical malpractice lawyers have established relationships with leading medical experts across all specialties.
Pre-Litigation Requirements in South Carolina
Before filing a lawsuit, South Carolina requires specific procedural steps. You must file a Notice of Intent to File Suit along with an affidavit from your medical expert. This notice must be served on the defendant healthcare provider and their insurance company. Once served, the parties enter a mandatory mediation process, which typically occurs within 90 to 120 days. During mediation, you and the defendant attempt to settle the case.
If mediation fails, you can proceed to file your lawsuit. These pre-litigation steps are designed to encourage settlement and reduce court congestion, but they also give defendants time to prepare their defense. Understanding what to expect at mediation can help you prepare for this critical phase.
Understanding South Carolina’s Statute of Limitations
Time is critical in medical malpractice cases. South Carolina imposes a three-year statute of limitations, meaning you must file your Notice of Intent to File Suit within three years from the date of the negligent act or omission, or from the date you discovered (or reasonably should have discovered) the injury. There is also a six-year absolute cap—even if you discover the injury later, you cannot file after six years have passed.
Special rules apply to minors (up to seven years old or one year after turning 18) and cases involving foreign objects left in the body (two years). Missing this deadline means losing your right to pursue compensation forever. This is why contacting a medical malpractice attorney immediately after discovering an injury is critical.
Common Challenges in Medical Malpractice Cases
Medical malpractice cases face unique obstacles. South Carolina follows comparative negligence rules, meaning if you are found partially at fault for your injury, your recovery is reduced by your percentage of fault. Defendants often argue that your pre-existing conditions caused your injury, not their negligence. Juries sometimes favor medical professionals over patients, making it harder to win sympathy.
Additionally, healthcare providers have substantial resources and experienced defense attorneys. Overcoming these challenges requires skilled legal representation and thorough case preparation. Goings Law Firm, LLC has the experience and resources to counter these defense tactics effectively.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in South Carolina?
You have three years from the date of the negligent act or discovery of the injury to file a Notice of Intent to File Suit. A six-year absolute cap applies regardless of when you discover the injury. If you’re unsure whether your claim is still viable, contact our medical malpractice team for a free consultation.
Do I need an expert witness to file a medical malpractice claim?
Yes. South Carolina requires an affidavit from a medical expert in the same field as the defendant. Without this affidavit, you cannot proceed with your case. Our medical malpractice attorneys have access to a network of qualified experts across all medical specialties.
What damages can I recover in a medical malpractice case?
You can recover economic damages (medical bills, lost wages, rehabilitation costs) and non-economic damages (pain and suffering, emotional distress). Non-economic damages are capped at $580,461 per claimant (single defendant) or $1,741,383 per claimant (multiple defendants) as of 2025, adjusted annually for inflation. For more details, see our guide on compensatory vs. punitive damages.
How long does a medical malpractice case take in South Carolina?
Most cases take 18 months to three years from filing the Notice of Intent to resolution. Complex cases may take longer. Mediation typically occurs within 90 to 120 days of serving the Notice of Intent. Preparing for your personal injury mediation can help expedite resolution.
What if I missed the statute of limitations deadline?
Missing the deadline is generally fatal to your case. South Carolina courts rarely grant exceptions. If you believe you may have a claim, contact an attorney immediately to determine if any exceptions apply to your situation. Goings Law Firm, LLC can review your case and advise you on available options.
Take Action on Your Medical Malpractice Claim
If you believe you have been harmed by medical negligence, do not wait. The statute of limitations is strict, and gathering evidence becomes harder as time passes. Goings Law Firm, LLC offers free consultations to evaluate your case. Contact us or call (803) 350-9230 today to speak with an experienced team of medical malpractice attorneys who can explain your rights and options. Our firm handles cases on a contingency fee basis—you pay nothing unless we recover compensation for you. Our South Carolina personal injury lawyers are ready to fight for your rights.
