Medical Malpractice Frequently Asked Questions

If you or a loved one has been injured as a result of what you believe to be medical malpractice, medical error or medical negligence then it is very likely that you have questions regarding these issues.  Below is a list of frequently asked questions regarding medical malpractice.

If you believe that you or a loved one has been affected by medical malpractice, then it is of utmost importance to contact a lawyer immediately to review your claims to help you on the long road to recovery.



What is considered medical malpractice in South Carolina?

  • Medical malpractice is a degree of negligence by a health care provider when they do not provide the standard of care to a patient that other professionals in their area of expertise would deem acceptable, resulting in injury to the patient.

What are examples of medical malpractice?

  • Some examples of medical malpractice are as follows: errors in filling prescriptions, misdiagnosis or failure to diagnose, unreasonable or delayed treatment, failure to treat when necessary and birth injuries.

I am not happy with the care I received, is that medical malpractice?

  • Simply being unhappy with the medical care you received does not constitute a malpractice claim. Doctors are human, make mistakes and take wrong steps too, so unless the outcome was the result of the medical professional’s failure to use reasonable care, then you most likely do not have a medical malpractice case.

What is South Carolina’s medical malpractice statute of limitations?

  • The statute of limitations (or the time allowed for filing a claim) in South Carolina is either three years after the negligent act, or three years after the injury was, or should have been, discovered – whichever date comes earlier.

  • You may not file a claim more than six years after the negligent act, even if the injury was discovered after this time.

  • For minors in South Carolina they must file their claim either one year after the minor party’s eighteenth birthday or within seven years of the negligent act, whichever comes earlier.

  • If you fail to file your medical malpractice claim within the statute of limitations in South Carolina you may lose your claim, and in some cases the only means of recovery for injuries. For this reason, if you believe you have a medical malpractice claim in South Carolina, contact us at Jan V. Hinson Law, P.C. as soon as you believe you have been negligently treated.

Who can be sued in a medical malpractice case?

  • All health care providers can be held liable for medical malpractice in South Carolina, this includes: doctors, dentists, nurses, surgeons or any individual licensed to perform medical services.

  • A healthcare provider may also include medical entities such as, clinics, nursing homes and hospitals.

How long will my case take?

  • Each case is unique which makes it very difficult to put a time-line together. Depending on whether your case requires witness testimony, a lot of evidence collection, general delays in proceedings, or any other time-consuming aspects it may take longer than a case that does not require these things.



If you think you or a family member has been a victim of medical malpractice, call Jan Hinson Law today for a free consultation at 864-527-5933.  Don’t wait to get your quality of life back!


Leave a Reply

Your email address will not be published.