Medical Malpractice Attorney Goose Creek, SC

Quick Answer: A medical malpractice claim from Goose Creek requires proof that a provider fell below the accepted standard of care and that this caused harm, supported by a qualified expert. Claims against private providers follow South Carolina’s pre-suit process, including a Notice of Intent with an expert affidavit and mediation, and generally must be filed within three years of discovering the injury and no more than six years after the care. Claims involving military clinics or other federal providers follow the Federal Tort Claims Act, which requires an administrative claim generally within two years.

On this page:

• Why does it matter who provided the care?
• Can military families bring malpractice claims?
• What about active-duty service members?
• What does a South Carolina malpractice claim require?
• What kinds of errors lead to claims?
• Where is a Goose Creek case filed?
• What can be recovered?
• How do you get started?

Why Does It Matter Who Provided the Care?

Because the rules change depending on the provider. The following table summarizes the main paths for Goose Creek patients:

In other words, a TRICARE card does not by itself make a claim federal. What matters is whether the provider was a federal employee or a private provider who accepts TRICARE.

Can Military Family Members Bring Malpractice Claims?

Yes. Spouses, children and retirees who are harmed by negligent care at a military treatment facility may bring claims under the Federal Tort Claims Act. The process begins with an administrative claim, usually on Standard Form 95, filed with the responsible agency within two years of when the claim accrued, stating a specific dollar amount. If the agency denies the claim or does not act within six months, a lawsuit can be filed in federal court. Federal claims are tried to a judge rather than a jury, and the rules differ from state court in several important ways.

What About Active-Duty Service Members?

Active-duty service members generally cannot sue the federal government for malpractice that occurred incident to service, under the Feres doctrine. However, Congress created an administrative claims process in the National Defense Authorization Act for Fiscal Year 2020 that allows certain claims for medical malpractice by Department of Defense health care providers to be submitted to the Department of Defense. These claims have their own requirements and deadlines, and we can help a service member understand whether the process applies.

What Does a South Carolina Malpractice Claim Require?

For private providers, South Carolina requires a Notice of Intent to File Suit under S.C. Code Section 15-79-125, served with an affidavit from a qualified expert under S.C. Code Section 15-36-100, followed by mandatory pre-suit mediation. Claims generally must be filed within three years from the treatment or discovery of the injury, and no more than six years after the act or omission, under S.C. Code Section 15-3-545. Special rules apply to minors and to objects left in the body.

What Kinds of Medical Errors Lead to Claims?

Common claims include missed or delayed diagnoses of cancer, heart attack, stroke and infection; surgical errors and injuries to nearby organs; medication and pharmacy errors; failures to follow up on abnormal test results; prenatal and delivery errors; and neglect in nursing and long-term care settings. Notably, a bad outcome is not enough. The question is whether a reasonably careful provider in the same field would have acted differently, and whether that difference would have changed the result.

Where Is a Goose Creek Malpractice Case Filed?

For private providers, a lawsuit is generally filed in the county where a defendant resides or practices, which may be Berkeley County, with its courts in Moncks Corner, or Charleston or Dorchester County when care was provided there. Federal claims, after the administrative process, are filed in the U.S. District Court for the District of South Carolina, often in its Charleston Division.

What Can Be Recovered in a Malpractice Case?

An injured patient can generally recover medical expenses, lost income and earning capacity, and noneconomic damages such as pain and suffering. Under S.C. Code Section 15-32-220, noneconomic damages are capped in most South Carolina malpractice cases, with amounts adjusted annually, though the caps do not apply in some cases, such as gross negligence. Federal claims are governed by the Federal Tort Claims Act, which does not allow punitive damages. If a medical error was fatal, see our Goose Creek wrongful death lawyer page.

How Do You Get Started on a Goose Creek Malpractice Claim?

Write down a timeline of symptoms, appointments and what you were told, and list every provider and facility involved, including whether each was a military or civilian provider. Keep discharge papers, medication bottles, portal messages and bills. We can request the complete records, including the parts patients rarely see, and begin the expert review. Because both the state and federal processes take time, starting early protects your options.

What Is an Informed Consent Claim?

Before a significant procedure, a provider generally must explain the material risks, benefits and reasonable alternatives. An informed consent claim may exist when a significant risk was not disclosed, that risk occurred, and a reasonable patient who had been properly informed would have chosen differently. Keep your consent forms and write down what you were told before the procedure.

Can a Pharmacy Be Responsible for a Medication Error?

Yes. Pharmacies, including on-base pharmacies and retail pharmacies along U.S. 52 and St. James Avenue, must dispense the correct medication, in the correct strength, with accurate instructions. Wrong-drug and wrong-dose errors can cause serious harm, especially to children, older adults and patients taking several medications. A claim against a retail pharmacy generally follows South Carolina law, while an error at a military pharmacy generally follows the federal claims process.

If you suspect a pharmacy error, keep the bottle, the label, any remaining pills and the paperwork that came with the prescription, and write down when you noticed the problem. Do not throw anything away, even if the pharmacy offers to replace the medication, because the original container and label are often the most important evidence in the case.

Related pages: Our main North Charleston medical malpractice lawyer and Charleston medical malpractice lawyer pages explain this practice area in more depth. Clients in Goose Creek also turn to our Goose Creek personal injury lawyer, Goose Creek car accident lawyer, Goose Creek workplace injury lawyer, Goose Creek wrongful death lawyer and Goose Creek criminal defense lawyer pages, and we handle the same kinds of cases for clients who need a medical malpractice lawyer in Hanahan or a medical malpractice lawyer in Summerville.

If you believe a medical error harmed you or a family member in Goose Creek, SC, our Goose Creek medical malpractice lawyers at Clekis Law Firm can review what happened. Call 843-900-0000 or contact us to schedule a consultation. Our North Charleston office at 2850 Ashley Phosphate Road is open 24 hours a day, seven days a week, and we also meet clients by appointment at our Charleston office on Church Street.

Attorney responsible for this page: Nicholas J. Clekis, Clekis Law Firm, 2850 Ashley Phosphate Road, North Charleston, SC 29418.