Columbia Medical Malpractice Lawyer

Columbia, SC Medical Malpractice Attorney

The pain caused by medical malpractice can be immense. The consequences of medical malpractice can result in lifelong harm or death. If you or a loved one has experienced medical malpractice, you need the guidance of a Columbia, SC medical malpractice lawyer to represent you through the difficult process of filing a claim and seeking fair compensation.

Hire a Medical Malpractice Lawyer

When you hire a medical malpractice lawyer from Deas Law Firm, you gain an advocate for your interests. With over two decades of experience, our team understands the intricacies of medical malpractice laws and how they relate to your unique circumstances. Medical malpractice can leave you with high medical costs and lost wages, which you deserve to be reimbursed for.

Medical Malpractice in South Carolina

The National Practitioner Data Bank (NPDB) tracks medical practitioners, along with reports of adverse actions and medical malpractice payments. In South Carolina, from 2020 to 2025, 10,568 unique practitioners were tracked by NPDB. Over that same period:

• 2,835 adverse action reports were filed.
• 912 medical malpractice payment reports were filed.
• $354.27 million was paid.

Medical malpractice is a civil claim. It requires a Notice of Intent to File Suit and an affidavit from a medical professional. Once the notice has been filed, mediation is mandatory. If an agreement cannot be reached during mediation, then a civil claim can be filed in court. Columbia, SC residents can file a medical malpractice claim in the Court of Common Pleas of the Richland County Judicial Center.

Stages of a Columbia, SC Medical Malpractice Claims

Medical malpractice claims are more complicated than other types of personal injury claims in South Carolina because of the state’s pre-litigation requirements. The steps to file a medical malpractice claim include:

• Pre-litigation: The Notice of Intent to File Suit must be served to the healthcare provider at least 90 days before a claim can be filed in civil court. You also have to undergo mandatory mediation, as outlined in the South Carolina Circuit Court Alternative Dispute Resolution Rules.
• Mediation: A neutral legal professional, who may be court-appointed or agreed upon by both parties, facilitates a discussion by going through the legal and factual circumstances of the claim. It is recommended to have a Columbia medical malpractice attorney present during mediation. After the initial conversation between both parties, each is moved to a private room to discuss the case solely with the mediator.
• Filing your claim: If mediation does not result in an acceptable resolution, you can then file a civil claim as long as it has been 90 days since the original notice was served. If you are seeking punitive damages, you must specifically request them in your claim.
• Discovery: Once the claim has been filed, each party takes part in discovery, where evidence is shared about the case. Negotiations can continue during this phase. It is essential to secure credible expert medical testimony that can enhance your case.
• Trial: If an acceptable settlement offer is not reached, the case proceeds to trial. The trial can be heard by a judge or jury. You must prove the elements of a medical malpractice case by a preponderance of the evidence. Once both sides have the opportunity to present their case, the judge or jury decides if a financial award is warranted.
• Post-trial: Regardless of the outcome, either party has the right to appeal the decision if there were legal errors that may have affected the claim’s outcome.

FAQs About Columbia, SC Medical Malpractice Laws

What Qualifies as Medical Malpractice in South Carolina?

Many medical actions could constitute medical malpractice in South Carolina.  South Carolina’s Code of Laws defines medical malpractice as any action that a reasonable healthcare provider or healthcare facility would not do. Medical malpractice can also involve not taking any action that a reasonable healthcare provider or healthcare facility would. When these actions or inactions cause harm to a patient, they can file a medical malpractice claim.

What Are the Odds of Success With a Medical Malpractice Claim in Columbia, SC?

It can be challenging to be successful with a medical malpractice claim in Columbia, SC, but some steps can increase your chances of getting a favorable outcome. Cases with strong evidence are more successful than those based on weaker or circumstantial evidence. Settling out of court often results in a more favorable outcome. Having credible expert testimony can increase your chances of success at trial.

How Much Can You Obtain for a Medical Malpractice Claim in South Carolina?

Several categories of damages can be awarded from a medical malpractice claim in South Carolina. Limits are based on South Carolina law. No cap is placed on economic damages. Non-economic damages are capped at $350,000 per claimant.

Non-economic limits are waived if the healthcare provider was grossly negligent, willful, wanton, or reckless. Punitive damages can be sought if other damages are awarded, but the court must be notified in advance that they are being sought.

What Four Elements Must Be Proven in a Medical Malpractice Claim in Columbia, SC?

Before you can file a claim for medical malpractice in Columbia, SC, four elements must be established. You must demonstrate that the doctor owed you a duty of care. Then, you need to show that the doctor broke that duty of care. Next, you must show evidence that the failure to provide appropriate care directly caused your medical problem. Lastly, you need to show that you suffered damages as a result of the poor care you received.

What Is the Hardest Element to Prove in a Medical Malpractice Case?

The hardest element to prove in a medical malpractice case is causation. In many cases, it can be difficult to show that the injury was a direct result of the poor care provided by the healthcare provider. Doctors can argue that your pre-existing condition is to blame or that the negative outcome was a possibility, regardless of the level of care provided. Gathering evidence to prove causation is often challenging.

Contact Deas Law Firm

Medical malpractice cases can be highly emotional and overwhelming. We know how delicate these cases can be. Our team understands your need for support and guidance as you navigate the complicated civil justice system. Contact Deas Law Firm today to schedule your initial consultation.

Contact Deas Law Firm Today

At Deas Law Firm, we work tirelessly for you to make sure you are fairly compensated on your personal injury case. From slip and fall cases or even catastrophic injury cases, Deas Law Firm is ready to fight for you and your rights. Call us today or fill out the online form to discuss your personal injury case.