Several new laws in South Carolina will affect you if you are a victim of a medical mistake and wish to bring a lawsuit against a doctor or health facility. One law changes how you are able to start a lawsuit against a medical provider by requiring mediation between you and the healthcare provider before a lawsuit can be filed. Mediation is a process in which a third neutral party attempts to bring both sides together to reach a compromise. The usefulness of this new requirement in resolving medical negligence cases is not yet known. (See S.C. Code Ann. §15-79-110)
Another change to the law requires you to file an affidavit by a board certified doctor practicing in the area of medicine that is the subject of your lawsuit. For example, if you are suing an OBGYN for negligence in delivering a baby, a board certified OBGYN who is currently practicing or teaching must provide an affidavit that specifies at least one negligent act or omission and the factual basis for such an opinion. See S.C. Code Ann. §15-36-100.
Another change to SC law that may affect your medical negligence claim is a newly-created limit ($350,000.00) on the amount of money you can recover for non-economic losses. Non-economic losses are losses that are not related to how much money you have spent or lost because of your injury. Non-economic losses include the pain and suffering that you have experienced and your loved ones' loss of your companionship, love, and aid.
You may be particularly impacted by this law if you are not the primary wage-earner in your household or if you are retired. For example, a stay-at-home mother does not perform work for a wage; so, a jury may not be able to award her as much money as someone who earns a wage from an employer. The stay-at-home mother will normally have a more substantially reduced economic loss than a man or woman working outside the home. And her pain and suffering and the loss of her companionship, which are not economic losses, in the event of her death are arbitrarily limited to the amount of $350,000.00. This amount can be exceeded if you and your attorney can prove that your healthcare provider was grossly negligent. (See S.C. Code Ann. §15-32-220)
Do You Have a Claim Against a Healthcare Provider? You Need to Act Now!
If you are a victim of a medical mistake, it is important to take action quickly because in most cases, the law requires that you file your lawsuit within three years of the date your injury occurred. If you were injured at a government-owned health facility, such as a county hospital, you must file your lawsuit within two years of your date of injury. (See S.C. Code Ann. §15-5-545) If a foreign object or surgical instrument was left in your body during a medical procedure, the time period for filing your lawsuit does not begin until the object is discovered, but you must sue the healthcare provider within two years from that date. If you do not discover that you are a victim of a medical mistake until after 3 years, then you can sue a healthcare provider within 3 years from the date of discovery of the malpractice or when it reasonably should have been discovered, not to exceed six years, after which there is an absolute bar to your lawsuit. So, when you should file your lawsuit? As you can see, this can be complex question. Consult an attorney to make sure that your rights are protected. Call Hall & Landers today for a free consultation.
