Medical Malpractice · South Carolina
South Carolina Medical
Malpractice Attorney
When a doctor, nurse, or hospital fails to meet the standard of care, the harm can be permanent. O’Reilly Masciale Law Firm represents patients and families across South Carolina in medical malpractice cases, from missed diagnoses and surgical errors to birth injuries.
Not every bad outcome is malpractice. Medicine carries real risk, and South Carolina law asks a specific question: did the provider depart from the generally accepted practices an average, competent provider in that field would follow, and did that departure most probably cause the injury? Answering it takes the complete medical records, review by a qualified physician, and a lawyer who will tell you the truth about your case.
South Carolina requires several steps before a malpractice lawsuit can even be filed. A qualified expert must sign an affidavit, each provider must be served with a Notice of Intent to File Suit, and the parties must mediate. Hospitals and their insurers know these rules well. So do we.
We prepare every case as though a jury will decide it, because trial preparation is how we press for full value. Call (843) 790-8771 for a free, confidential review.
Any result our firm has achieved for clients in other matters does not necessarily indicate that similar results can be obtained for other clients.
Exceptions apply. See Common Questions below.
What We Handle
Malpractice cases we handle
- Missed or delayed diagnosis
- Delayed cancer diagnosis
- Missed stroke, heart attack, or sepsis
- Medication and prescription errors
- Failure to follow up on test results
- Surgical errors
- Anesthesia errors
- Objects left after surgery
- Hospital-acquired infections
- Nursing and monitoring failures
- Birth injuries
- Delayed response to fetal distress
- Injuries to mothers during delivery
- Nursing home neglect
- Pressure ulcers and preventable falls
The Process
How a South Carolina
malpractice case moves
South Carolina malpractice cases follow a pre-suit process set by statute. Each step has its own rules and deadlines.
We collect the complete medical records and have them reviewed by a qualified physician in the same field. If the review does not support a case, we tell you.
South Carolina requires an affidavit from a qualified expert identifying at least one negligent act or omission and the facts behind it (S.C. Code § 15-36-100). A narrow exception applies when the negligence is within common knowledge.
The Notice of Intent and the expert affidavit are filed in circuit court and served on each provider (S.C. Code § 15-79-125). Filing the notice tolls the statute of limitations, and limited discovery can begin.
The parties must mediate within 90 to 120 days after the notice is served, unless the court extends the deadline. Cases resolve here when the evidence is developed and the other side believes the case will be tried.
If mediation does not resolve the case, the lawsuit must be filed within 60 days after the mediator declares an impasse or before the statute of limitations runs, whichever is later. The case then moves through discovery toward trial.
Common Questions
How long do I have to file a medical malpractice claim in South Carolina?
Generally, three years from the date of treatment or from when you discovered, or reasonably should have discovered, the injury. But in most cases, no claim can be brought more than six years after the treatment, even if the injury was discovered later. Different rules apply to objects left in the body, to children, and to claims against government providers, which generally must be brought within two years. These deadlines are strict, so call early.
Is there a cap on damages in a South Carolina malpractice case?
Yes, on noneconomic damages such as pain and suffering. The cap is adjusted every year for inflation. As adjusted for 2026, it is $596,001 per claimant against any single provider or institution and $1,788,002 per claimant against all providers and institutions combined. There is no cap on economic damages like medical bills and lost income. The cap does not apply if a provider’s gross negligence or willful, wanton, or reckless conduct caused the noneconomic harm, if the provider committed fraud or misrepresentation related to the claim, or if it altered or destroyed medical records to avoid liability.
What if I was treated at MUSC or another public hospital?
Claims against state and other government health care providers, including MUSC, fall under the South Carolina Tort Claims Act. That law has its own deadlines and limits damages to $300,000 per person and $600,000 per occurrence, or $1.2 million for a licensed physician or dentist employed by a government entity. Punitive damages are not available. Many nonprofit charitable hospitals also have damage limits tied to the Tort Claims Act. Identifying who actually employed each provider is one of the first things we do.
Are emergency room cases treated differently?
Yes. For care in a genuine emergency involving an immediate threat of death or serious bodily injury, in an emergency department or an obstetrical or surgical suite, a physician can be held liable only on proof of gross negligence (S.C. Code § 15-32-230). These cases can still be won, but the standard is higher and the evidence has to meet it.
Do I need an expert witness?
Almost always. South Carolina requires expert testimony to establish the standard of care and to show the injury most probably resulted from the provider’s negligence, unless the negligence is something a jury can judge from common knowledge. We work with qualified physicians in the relevant specialty.
What does it cost to talk to a lawyer about a malpractice case?
Nothing. The first conversation is free and confidential. If we take your case, we explain our fee arrangement in writing before you sign anything.
Also At This Firm
Serious injury and wrongful death
Medical malpractice is one part of what we do. O’Reilly Masciale Law Firm is a statewide trial practice representing people who have been seriously injured and families who have lost someone.
Start at the home page, look through our case results, or meet the team.
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Call (843) 790-8771 · Available statewide · Charleston, SC