Medical Malpractice Attorney in Charleston & North Charleston, SC
Patients in North Charleston, Summerville, Goose Creek and Hanahan rely on the area’s emergency rooms, surgery centers, physician practices, nursing homes and pharmacies every day. When one of those providers misses a diagnosis, makes a surgical or medication error, or sends a patient home too soon, the consequences can last a lifetime. Our North Charleston medical malpractice lawyers review what happened, obtain the complete records and work with qualified medical reviewers to determine whether South Carolina’s standard for malpractice is met. We meet clients at our office at 2850 Ashley Phosphate Road, and our Charleston medical malpractice lawyers also meet clients by appointment at our office at 171 Church Street.
Our Medical Malpractice Cases Include:
Quick Answer: A North Charleston medical malpractice claim requires proof that a health care provider departed from the accepted standard of care and that the departure caused harm, supported by a qualified expert. South Carolina requires a Notice of Intent to File Suit with an expert affidavit and pre-suit mediation before a lawsuit, and claims generally must be brought within three years of discovering the injury and no more than six years after the care. Hospitals can sometimes be responsible for the errors of emergency room physicians, even when those doctors are not hospital employees.
On this page:
- What emergency room errors lead to malpractice claims?
- Who can be held responsible for a medical error?
- What is an informed consent claim?
- Can a pharmacy be liable for a medication error?
- What about birth injuries?
- Why does a malpractice case need an expert?
- How long does a malpractice case take?
- What compensation is available?
- How long do you have to file a medical malpractice claim?
- What if the provider was a state hospital or public employee?
- Are medical malpractice damages capped in South Carolina?
- How do you get your medical records?
What Emergency Room Errors Lead to Malpractice Claims?
Emergency departments make fast decisions with limited information, and most do it well. However, some errors come up repeatedly in the cases our North Charleston medical malpractice lawyers review:
- Missed or delayed diagnosis of stroke, heart attack, blood clots, sepsis or appendicitis;
- Failure to order appropriate imaging or lab tests for the symptoms reported;
- Misreading imaging or failing to act on abnormal results;
- Discharging a patient whose condition was not stable, without adequate follow-up instructions; and
- Failure to consult a specialist when the presentation called for one.
Notably, the question is not whether the diagnosis was eventually correct, but whether a reasonably careful emergency provider would have recognized the problem sooner with the information available.
Who Can Be Held Responsible for a Medical Error in South Carolina?
More than one provider may share responsibility, and the legal relationships between them matter. The following table summarizes common defendants and how responsibility may arise:
| Provider | How responsibility may arise | Point to know |
|---|---|---|
| Physician or surgeon | His or her own negligence in diagnosis, treatment or surgery | Usually requires an expert in the same or a similar specialty |
| Nurse or technician | Errors in monitoring, medication or communication | The employer is generally responsible for employees’ negligence |
| Hospital | Its employees, its own policies and staffing, and in some cases the emergency physicians it provides | See Simmons v. Tuomey Regional Medical Center (2000) |
| Nursing home | Understaffing, falls, pressure injuries, dehydration or medication errors | Facility records and staffing levels are key evidence |
| Pharmacy | Dispensing the wrong drug or dose, or missing a dangerous interaction | May involve both the pharmacist and the pharmacy |
In Simmons v. Tuomey Regional Medical Center, 341 S.C. 32, 533 S.E.2d 312 (2000), the South Carolina Supreme Court held that a hospital may be responsible for emergency room care even when the physicians are independent contractors. Determining who employed each provider is therefore one of our first steps.
What Is an Informed Consent Claim?
Before a procedure, a provider generally must explain the material risks, the benefits and the reasonable alternatives so the patient can make an informed decision. An informed consent claim may exist when a provider failed to disclose a significant risk, that risk occurred, and a reasonable patient who had been properly informed would have declined the procedure. Signed consent forms are important evidence, but a generic form does not always end the question.
Can a Pharmacy Be Liable for a Medication Error?
Yes. Pharmacies and pharmacists must dispense the correct drug in the correct strength with accurate directions, and they are expected to watch for certain dangerous interactions and obvious dosing errors. Wrong-drug and wrong-dose errors can cause serious harm, especially for older patients and children. If you suspect a pharmacy error, keep the bottle, the remaining pills and the pharmacy paperwork, and do not throw anything away.
What About Birth Injuries in North Charleston?
Birth injury claims often involve failures to monitor the baby’s heart rate, to recognize signs of distress, or to perform a timely cesarean section, as well as injuries from the improper use of delivery instruments. These cases can involve the obstetrician, the nursing staff and the hospital. South Carolina has special time-limit rules for claims involving minors, and birth injury cases require careful review of fetal monitoring records, so it is important to have the records reviewed early rather than waiting to see how the child develops.
Why Does a South Carolina Malpractice Case Need an Expert?
Jurors generally cannot decide whether medical care was reasonable without testimony from someone qualified in the field. For that reason, South Carolina requires an expert affidavit before suit under S.C. Code Section 15-36-100, served with a Notice of Intent to File Suit under S.C. Code Section 15-79-125. At trial, expert testimony is usually required to prove both the standard of care and that the breach caused the injury. Securing qualified experts takes time and resources, which is one reason malpractice cases are handled differently from other injury claims.
How Long Does a Medical Malpractice Case Take?
Longer than most injury cases. The record collection and expert review, the Notice of Intent, the required pre-suit mediation and, if the case does not resolve, the lawsuit itself all take time. Meanwhile, S.C. Code Section 15-3-545 generally requires claims to be filed within three years from the treatment or discovery of the injury, and no more than six years after the act or omission. If the provider is a governmental entity or employee, the South Carolina Tort Claims Act adds its own deadline and damage limits. Because of all this, starting early is essential.
What Compensation Is Available in a South Carolina Malpractice Case?
An injured patient can generally recover medical expenses, lost income and earning capacity, and noneconomic damages such as pain and suffering. South Carolina limits noneconomic damages in most malpractice cases under S.C. Code Section 15-32-220, with amounts adjusted for inflation each year, but the limits do not apply in certain cases, including those involving gross negligence or altered records. Economic damages are not capped. If a medical error was fatal, the family’s claim is explained on our North Charleston wrongful death attorney page.
What Should You Do If You Suspect a Medical Error?
Start by getting the care you need now, even if that means seeing a different provider. Then write down a timeline while it is fresh: when symptoms started, which providers you saw, what you were told and what tests were or were not done. Keep discharge papers, prescription bottles, bills and any portal messages.
Notably, you do not need to confront the provider or prove anything before calling a lawyer. We can request the complete records, including the parts patients rarely see, and have them reviewed. Because South Carolina requires an expert affidavit and pre-suit mediation before a lawsuit, starting the review early protects your options and gives the experts time to do careful work.
How Long Do You Have to File a Medical Malpractice Claim in South Carolina?
Under S.C. Code Section 15-3-545, a medical malpractice action generally must be filed within three years from the date of the treatment, omission or operation, or three years from when the injury was or reasonably should have been discovered. However, there is an outer limit: the claim generally cannot be brought more than six years after the act or omission, regardless of when it was discovered. Special rules apply to foreign objects left in the body and to claims involving minors.
The following table summarizes the main time limits and requirements:
| Requirement | General rule in South Carolina |
|---|---|
| Statute of limitations | 3 years from treatment or from discovery of the injury (S.C. Code § 15-3-545) |
| Statute of repose | Generally no more than 6 years after the act or omission |
| Pre-suit notice | Notice of Intent to File Suit with an expert affidavit (S.C. Code §§ 15-79-125, 15-36-100) |
| Pre-suit mediation | Required after the notice is served and before suit is filed |
| Claims against public providers | Generally governed by the S.C. Tort Claims Act, with its own deadline and damage limits |
Because these rules interact, the safest course is to consult a lawyer as soon as you suspect a medical error.
What If the Provider Was a State Hospital or Public Employee?
Different rules may apply. Charleston has major health care providers that are part of or affiliated with state government, and claims against governmental entities and their employees are generally governed by the South Carolina Tort Claims Act, S.C. Code Section 15-78-10 et seq. That law generally requires suit within two years and limits the damages that can be recovered, although the medical malpractice pre-suit requirements also apply.
As a result, one of the first things we determine is exactly who employed each provider involved in your care, since a private physician practicing at a public hospital, or a public employee working at a private facility, can change which rules apply.
Are Medical Malpractice Damages Capped in South Carolina?
Partly. S.C. Code Section 15-32-220 limits noneconomic damages, such as pain and suffering, in most medical malpractice cases, with separate limits for a single provider and for all providers combined. The cap amounts are adjusted each year for inflation. However, economic damages, such as medical expenses and lost income, are not capped.
Importantly, the noneconomic damages cap does not apply in certain situations, including when the provider acted with gross negligence or in a willful, wanton or reckless manner, altered or destroyed medical records to avoid liability, or was impaired by alcohol or drugs while providing care.
How Do You Get Your Medical Records for a Malpractice Claim?
Under federal law, you generally have the right to obtain copies of your own medical records, and providers may charge a reasonable fee. In practice, we usually request the complete records for our clients, including nursing notes, medication administration records, imaging and fetal monitoring strips, because the summaries patients receive often leave out the details that matter.
Notably, it is important not to alter, annotate or discard any records or bills you already have, and to write down your own timeline of events while your memory is fresh.
Do you help clients outside Charleston and North Charleston?
Yes. Patients from across the Lowcountry travel to North Charleston area hospitals for specialized care, and many of our clients live outside the city. We have dedicated pages for clients who need a medical malpractice lawyer in Summerville, medical malpractice lawyer in Goose Creek, medical malpractice lawyer in Ladson, medical malpractice lawyer in Hanahan, medical malpractice lawyer in Ravenel, medical malpractice lawyer in Hollywood and medical malpractice lawyer in Walterboro. Each page covers the local courts, roads and issues that matter in that community.
If you believe a medical error harmed you or a family member in North Charleston, SC, our North Charleston medical malpractice lawyers at Clekis Law Firm can review what happened. Call 843-900-0000 or contact us to schedule a free 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.
Why Clients Trust The Clekis Law Firm
We review the full chart, not the summary. Nursing notes, medication records, monitoring strips and imaging often tell a different story than a discharge summary.
We consult qualified medical reviewers. South Carolina requires an expert’s affidavit before suit, so we have the care reviewed by qualified professionals before advising you.
We give honest answers. Many bad outcomes are not malpractice. Nicholas J. Clekis, Jacqueline J. Drescher and Alexandra “Allie” Menegakis will tell you plainly what the records show.
Our Legal Process
1. Confidential conversation
We listen to your timeline, identify every provider and facility involved, and request the complete records.
2. Medical review
Qualified medical professionals evaluate whether the care fell below the standard and whether that caused the harm.
3. Pre-suit process and litigation
If the case is viable, we serve a Notice of Intent with an expert affidavit, complete the required mediation and, if needed, file suit.
Don’t Hesitate Reach Out Today
843-900-0000
clekislaw@gmail.com
2850 Ashley Phosphate Rd, North Charleston, SC 29418
Let Us Help You Find Answers — and Justice
South Carolina’s pre-suit requirements take time to complete. Call 843-900-0000 or contact our North Charleston or downtown Charleston office for a confidential consultation.
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Frequently Asked Questions
It can. In Simmons v. Tuomey Regional Medical Center (2000), the South Carolina Supreme Court held that a hospital may be responsible for emergency room care even when the physicians are independent contractors.
It is a required pre-suit filing in South Carolina malpractice cases under S.C. Code Section 15-79-125. It must be served with a qualified expert’s affidavit, and it is followed by mandatory pre-suit mediation.
Generally three years from the treatment or from discovery of the injury, but no more than six years after the act or omission under S.C. Code Section 15-3-545. Special rules apply to minors and public providers.
It arises when a provider failed to disclose a significant risk, the risk occurred, and a reasonable patient who had been properly informed would have declined the procedure.
Possibly. Pharmacies must dispense the correct drug, strength and directions. Keep the bottle, any remaining medication and the pharmacy paperwork.
They can be, when they result from failures such as not monitoring fetal distress or not performing a timely cesarean section. These cases require careful review of the fetal monitoring records.
No. Malpractice requires proof that the care fell below the accepted standard and caused the harm. Many complications occur even with proper care.
Noneconomic damages are capped in most cases, with amounts adjusted annually for inflation. Economic damages are not capped, and the cap does not apply in some cases, such as gross negligence.
No. We can request the complete records for you. It helps to write down your own timeline and the names of the providers involved.
Our North Charleston office at 2850 Ashley Phosphate Road is open 24 hours a day, seven days a week. Our downtown Charleston office at 171 Church Street is open Monday through Friday, 9 a.m. to 5 p.m., by appointment only. Call 843-900-0000 for a confidential consultation.