What is medical malpractice?
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted medical standard of care, and that failure causes harm to a patient. This does not mean that every bad medical outcome is malpractice.
Instead, malpractice involves errors that a reasonably competent provider would not have made under the same circumstances. Examples include misdiagnosis, delayed diagnosis, surgical mistakes, anesthesia errors, birth injuries, and medication errors.
How do I know if I have a valid medical malpractice case?
Not every negative medical experience qualifies as malpractice. To prove your case, four elements are required:
- Provider–patient relationship – The healthcare provider owed you a duty of care.
- Breach of the standard of care – The provider failed to act as a reasonably competent professional would have.
- Causation – That failure directly caused your injury.
- Damages – You suffered measurable harm, such as medical bills, lost income, pain and suffering, or permanent disability.
Because malpractice cases are complex, having your records reviewed by a medical expert is often necessary to confirm whether malpractice occurred.
What damages can I recover?
Victims of malpractice may be entitled to several categories of damages, including:
- Economic damages – Past and future medical expenses, lost wages, rehabilitation costs, and reduced earning capacity.
- Non-economic damages – Pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability.
- Wrongful death damages – Funeral costs, loss of companionship, and financial support for surviving family members.
In South Carolina, non-economic damages are capped in most malpractice cases, but economic damages are not capped, meaning your actual financial losses can be fully recovered.
How long do I have to file a claim in South Carolina?
South Carolina law sets strict filing deadlines called statutes of limitations. In most cases, you have three years from the date of injury or from the date you discovered (or reasonably should have discovered) the injury. Claims against governmental hospitals such as Spartanburg Regional Healthcare System (including Pelham Medical Center) are governed by a TWO year statute of limitations. However, no claim can be filed more than six years from the negligent act, no matter when you discover it.
- For minors, special rules extend the filing deadline.
Waiting too long can bar you from seeking compensation, so speaking with an attorney early is critical. Speak to an attorney to determine the exact statute of limitations in your specific case. Every case is different.
What does it cost to hire a medical malpractice lawyer?
At Thomas Creech Law Offices, we work on a contingency fee basis. That means:
- You pay no upfront attorneys fees.
- We cover case costs such as expert witness fees and medical record reviews.
- You only owe attorney’s fees or case costs if we successfully recover compensation for you.
This ensures that anyone harmed by medical malpractice can pursue justice, regardless of financial situation.
How long will my case take?
Most malpractice cases take 18 months to three years to resolve. Factors that affect the timeline include:
- Complexity of medical issues.
- Number of healthcare providers involved.
- How long it takes to secure expert witness testimony.
- Whether the case settles or goes to trial.
Although these cases can take time, pursuing a strong and well-prepared claim often leads to better outcomes.
What is a birth injury case?
Birth injury cases involve harm caused to a baby or mother during pregnancy, labor, or delivery due to negligence. Examples include oxygen deprivation leading to brain damage, failure to perform a timely C-section, improper use of forceps or vacuum devices, and undiagnosed infections.
These injuries may lead to conditions like cerebral palsy, Erb’s palsy, developmental delays, or permanent disability. Families often face lifelong medical expenses, making compensation essential.
Can nursing home negligence be medical malpractice?
Yes. Nursing home negligence may rise to the level of medical malpractice when it involves failure to provide proper medical care. This includes ignoring medical needs, failing to administer medications, neglecting bedsores, or not preventing avoidable falls.
Families who suspect malpractice in a nursing home setting should seek legal guidance quickly, as facilities often attempt to cover up mistakes.
Why should I choose an experienced malpractice lawyer
Hospitals and insurance companies are powerful and well-defended. An experienced malpractice lawyer levels the playing field by:
- Investigating the medical records thoroughly.
- Working with expert witnesses.
- Negotiating with insurers.
- Taking cases to trial when needed.
Without experienced representation, victims are at a severe disadvantage when facing large healthcare systems.
Why are expert witnesses important?
In South Carolina, most malpractice cases require an expert affidavit before filing suit. Expert witnesses explain:
- What the standard of care should have been.
- How the provider deviated from that standard.
- How the negligence caused injury.
Without expert support, most malpractice cases cannot move forward.
How does suing help improve healthcare?
Malpractice lawsuits do more than compensate victims. They also create accountability in the healthcare system by forcing providers and hospitals to adopt safer policies, invest in staff training, and reduce repeated mistakes.
By pursuing justice, victims help prevent harm to future patients.
What should I do if I suspect malpractice?
If you believe you were harmed by negligence:
- Seek immediate medical care from another provider if needed.
- Request copies of your medical records.
- Save bills, prescriptions, and written communications.
- Write down what happened in detail.
- Contact an attorney quickly to preserve your rights.
How do I get started with a malpractice case?
The first step is scheduling a free consultation. During this meeting, your lawyer will review your medical history, records, and treatment timeline. If malpractice is suspected, the lawyer will consult with medical experts to confirm.
If confirmed, your attorney will file a lawsuit and begin building your case.
What is the average medical malpractice settlement in South Carolina?
Settlement amounts vary widely. Factors that influence settlement value include:
- Severity of the injury.
- Whether the injury is permanent.
- Cost of ongoing or future medical care.
- Lost wages and reduced earning ability.
- Strength of the evidence.
Some settlements may be in the tens of thousands, while others may reach millions. Each case is unique.
Can multiple providers be held responsible?
Yes. If more than one provider contributed to your injury, such as a surgeon making an error and a hospital failing to act appropriately afterward, both can share liability.
Your lawyer will identify every responsible party to maximize your recovery.
Can medical malpractice cause long-term or permanent injuries
Yes. Many victims suffer permanent disabilities such as paralysis, loss of organ function, brain damage, or lifelong pain.
These injuries often require extensive medical care, rehabilitation, and assistance with daily living. Compensation is critical for covering these lifelong costs.
Don’t most cases settle – if so – will my case settle or go to trial?
We evaluate your case based on what a jury is likely to do in your case. Despite careful predictions, juries are unpredictable.
Some cases settle, others don’t. Disputes may arise over value, emotions, or refusal by a provider to admit fault. For example, a doctor may reject a settlement despite strong evidence against them. We aim to provide you with the best evaluation of likely jury outcomes and advise you on whether to pursue a settlement or a trial. Ultimately, the client decides to settle or proceed to trial.
Do malpractice cases always go to trial?
No. Many cases resolve through settlement before trial. However, if the insurance company or medical providers refuses to make a fair offer, your lawyer must be ready to present your case in court.
Can I bring a malpractice case for a loved one who died?
Yes. South Carolina law allows certain family members or the estate’s representative to file a wrongful death claim.
Damages may include funeral and burial costs, medical expenses, loss of companionship, and loss of financial support. These cases hold negligent providers accountable and provide economic relief to grieving families.
How can I contact a Greenville medical malpractice lawyer?
If you believe you or a loved one has been harmed by medical negligence, contact Thomas Creech Law Offices today. Call 864-235-4999 or fill out our online form to schedule your free consultation. We proudly serve clients in Greenville, Spartanburg, Anderson, and throughout South Carolina.
