1. Misdiagnosis and Delayed Diagnosis Claims

Medical malpractice happens when a healthcare provider’s negligence causes harm. In the Lowcountry, medical negligence claims range from diagnostic errors to surgical mistakes, and many patients don’t realize they have a legal remedy. If you or a loved one was injured because of substandard medical care, understanding the most common types of claims can help you recognize whether you have a viable case.

We’ve spent over 30 years representing injured South Carolinians, and we’ve seen firsthand how medical negligence can upend a family’s life, both financially and physically. This guide walks through seven of the most frequent medical malpractice claims we see, what makes them legally actionable, and how to protect your rights going forward.

Misdiagnosis occurs when a doctor identifies the wrong condition or fails to catch the correct one in time. A delayed diagnosis happens when the right condition is eventually found, but the delay causes additional harm. Both can support actionable medical malpractice claims if the error or delay resulted in injury.

Take a patient who comes in with chest pain. If a physician brushes it off as heartburn without ordering the right tests and misses a heart attack, that’s misdiagnosis. If imaging is ordered but the results are never reviewed or communicated, delaying treatment, that’s negligent delay. The legal standard asks whether a reasonably competent physician in the same specialty would have diagnosed or referred the patient within the same timeframe.

Cancer cases come up often. A radiologist may overlook a tumor on a mammogram or CT scan, or a primary care doctor may attribute symptoms to stress instead of ordering diagnostic testing. The longer cancer goes undetected, the more advanced it becomes, which makes treatment harder and survival odds worse.

What to do next: Gather your medical records from every provider you saw, including appointment dates and test results. Write down when you first reported symptoms, what you were told at each visit, and when you actually received the correct diagnosis. This timeline often becomes critical evidence.

2. Surgical Errors and Operating Room Negligence

Surgical malpractice covers a wide range of errors: operating on the wrong body part, leaving an instrument inside the patient, nicking a vital organ, using defective equipment, or performing surgery without the skill the procedure required.

Wrong-site surgery sounds unthinkable, but it happens. A surgeon operates on the left knee when the right knee needed repair. A physician removes the wrong tumor. Accreditation bodies classify these as “never events,” and they’re almost always indefensible in court.

Retained surgical objects are just as clear-cut. A sponge, clamp, or needle left inside a patient can cause infection, internal bleeding, or obstruction. Operating rooms use counting procedures specifically to prevent this, so when something is left behind, it usually points to a breakdown in protocol.

More subtle surgical errors include inadequate hemostasis (failing to stop bleeding), improper wound closure, or positioning a patient incorrectly in a way that causes nerve damage. Some of these mistakes stem from a surgeon’s inexperience or fatigue; others trace back to poor staffing decisions made by the hospital.

What to do next: Request a copy of your operative report and anesthesia record. If you developed unexpected complications after surgery, ask your new physician whether they could be consistent with an error during the operation. A second opinion from another surgeon can help you evaluate whether the approach or execution fell below the standard of care.

3. Medication Errors and Pharmacy Mistakes

Medication errors span prescribing mistakes, dispensing errors, and administration failures. A doctor might prescribe a dose that’s too high, contraindicated by an allergy, or dangerous when combined with another drug you’re taking. A pharmacy might dispense the wrong drug entirely, or the right drug at the wrong strength.

Hospitals and nursing homes carry particular risk. A nurse administering IV medication too rapidly can cause organ damage. An antibiotic prescribed at a normal dose can become dangerous once a patient’s kidney function declines and the drug builds up to toxic levels, if the dose is never adjusted.

Drug interaction errors are surprisingly common. A patient on warfarin, a blood thinner, starts a new antibiotic that interacts with it, thinning the blood too much and causing hemorrhage. A physician prescribes an opioid to a patient already taking benzodiazepines, a combination that can cause respiratory depression and death.

Pharmacy errors also include misreading a prescription, mislabeling a bottle, or placing the wrong medication in the wrong container. These mistakes are often verifiable through pharmacy records compared against what was actually dispensed.

What to do next: Keep every medication bottle and label. Write down what you were told about each drug, any side effects you noticed, and when they started. Request pharmacy records showing what was actually dispensed, and ask your current physician whether the medication or dose you received made sense given your condition and medical history.

4. Anesthesia-Related Injuries and Complications

Anesthesia negligence includes improper dosing, inadequate monitoring, defective equipment, or failing to manage airway complications. Anesthesiologists and nurse anesthetists are expected to stay continuously vigilant throughout surgery.

An under-anesthetized patient can regain awareness during surgery and experience real pain and lasting psychological trauma. Over-anesthesia can dangerously depress breathing and heart rate. Failing to intubate a patient properly, or failing to recognize hypoxia (low oxygen) during surgery, can cause permanent brain damage.

Malignant hyperthermia is a genetic condition triggered by certain anesthetics that causes uncontrolled muscle contractions, extreme heat, and organ failure. An anesthesiologist who knows a patient’s family history should avoid triggering agents; failing to do so is negligent. Anesthesia providers also need to watch for and respond quickly to signs of anaphylaxis or other adverse reactions.

Complications after anesthesia include prolonged numbness, nerve damage from improper positioning, or a slow recovery that suggests an undisclosed drug interaction. Some of these injuries don’t show up right away, which makes the anesthetic record especially important.

What to do next: Request a complete copy of your anesthetic record, including every drug administered, the dosages, vital sign monitoring strips, and any notes about complications. Ask your surgeon whether anything unusual happened with anesthesia. If you developed unexpected nerve damage or numbness, ask whether it could be related to positioning or a local anesthetic injection.

5. Birth Injury and Obstetric Malpractice

Birth injuries caused by negligent care include cerebral palsy from oxygen deprivation, brachial plexus injuries from excessive traction during delivery, and fractures from improper use of forceps or a vacuum extractor. Obstetric malpractice also includes failing to order appropriate prenatal testing, failing to recognize fetal distress, and failing to perform a timely cesarean section.

When a fetal heart rate monitor shows signs of distress, such as decelerations that don’t resolve, a loss of variability, or meconium in the amniotic fluid, the standard of care calls for quick intervention, often a cesarean delivery. A delay of even a few minutes can lead to permanent brain damage.

Maternal injuries during delivery can include severe tears, bladder perforation, or hemorrhage from retained placental fragments. Preeclampsia and gestational diabetes both require careful monitoring; failing to diagnose or manage either condition puts mother and baby at risk.

Neonatal injuries from birth trauma range from caput succedaneum (scalp swelling) and cephalohematoma (bleeding under the scalp) to far more serious injuries like intracranial hemorrhage or spinal cord damage. Some of these injuries are unavoidable; others result from improper technique or a failure to respond to warning signs in time.

What to do next: Preserve all prenatal records, labor and delivery records, fetal monitoring strips, and neonatal records. Document the baby’s condition at birth, including Apgar scores, and any complications that followed. If your child has developmental delays or cerebral palsy, ask the pediatrician whether it could be related to birth trauma or perinatal oxygen deprivation.

6. Emergency Room Negligence and Failure to Treat

Emergency department malpractice usually involves a failure to diagnose a serious condition or an unreasonable delay in treatment. An ER physician who fails to order imaging for chest pain can miss a heart attack. One who fails to recognize the signs of a stroke can cost a patient a critical treatment window.

Triage errors can send seriously ill patients home. A patient with severe abdominal pain gets discharged with a diagnosis of probable gastroenteritis, when in fact they have a ruptured appendix or an aortic aneurysm. By the time they come back hours later, sepsis has already set in.

Failing to take a proper history contributes to many of these errors. If a patient mentions chest pain but the physician focuses only on a minor complaint, a serious condition can slip through. Overcrowding and staffing shortages don’t excuse negligence; the standard of care stays the same regardless.

Mismanaging infectious disease in the ER is another recurring issue. A patient with meningitis gets sent home with antibiotics for a presumed viral illness, without the lumbar puncture needed to diagnose it. A patient who meets the criteria for sepsis gets IV fluids but no antibiotics.

What to do next: Request your complete ER medical record, including triage notes, vital signs, all orders and notes, imaging reports, and discharge paperwork. Write down exactly what you told staff and what they told you. If you got worse after being discharged, document when you returned and what the eventual diagnosis turned out to be.

7. Why Work With Clekis Law Firm

At Clekis Law Firm, we’ve focused on personal injury and medical malpractice claims in South Carolina for over 30 years. Medical malpractice cases require more than general litigation experience. They call for a real understanding of healthcare standards, credible expert witnesses, and the patience to build a case the right way.

Throughout our practice, we’ve worked with physicians, surgeons, and other medical experts across South Carolina, and we rely on that experience to evaluate whether a case meets the legal standard for malpractice and what it may be worth.

Medical malpractice cases often involve significant future medical expenses, lost earning capacity, and pain and suffering, in addition to past medical bills. Calculating these damages accurately takes time and the right documentation, which is part of why we invest in a thorough case evaluation before moving forward.

Our initial consultation is free, and it includes an honest assessment of whether your case appears viable and what factors could affect its value. We generally handle medical malpractice claims on a contingency-fee basis, which means you don’t pay attorney’s fees unless we recover compensation on your behalf. Case results depend on the specific facts of each claim, and past outcomes don’t guarantee a similar result in your case.

If a case requires litigation, we’re prepared to take it there. Some claims settle before trial; others don’t. Either way, your case gets the attention it needs from start to finish.

What to do next: If you believe you or a loved one was harmed by medical negligence, contact our medical malpractice team today for a free consultation. Bring your medical records, or a summary of key dates and events, and we’ll evaluate your case and walk you through your options.

Your rights matter. The healthcare providers and institutions involved typically have insurance carriers and legal teams protecting their interests, and you deserve representation looking out for yours. Contact Clekis Law Firm to discuss your case.

Attorney Advertising. This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every medical malpractice case is different, and past results do not guarantee or predict a similar outcome in future cases. For advice about your specific situation, please contact Clekis Law Firm directly.

Frequently Asked Questions

How long do I have to file a medical malpractice claim in South Carolina?

In most cases, South Carolina law gives you three years from the date of the injury, or three years from when you reasonably should have discovered it, to file a medical malpractice claim, and the case generally cannot be filed more than six years after the negligent act occurred. Exceptions apply, including cases involving minors or fraudulent concealment. Deadlines are strict, so it’s best to speak with an attorney as soon as possible after you suspect malpractice occurred.

What do I need to prove in a medical malpractice case?

You generally need to show that the healthcare provider owed you a duty of care, breached the accepted standard of care, and that the breach directly caused your injury and resulting damages. South Carolina also requires a pre-suit Notice of Intent to Sue and a supporting expert affidavit before most malpractice cases can be filed in court.

Do I need an expert witness to bring a claim?

In nearly all medical malpractice cases, South Carolina law requires expert testimony to establish the applicable standard of care and how the provider deviated from it. An experienced malpractice attorney typically works with qualified medical experts early in the case to evaluate whether your claim meets this standard.

How much does it cost to hire a medical malpractice lawyer?

Our firm handles medical malpractice cases on a contingency-fee basis, which means there’s no upfront cost to you, and you don’t pay attorney’s fees unless we recover compensation on your behalf. Consultations to discuss whether you have a potential case are free.

What compensation might be available in a medical malpractice case?

Depending on the facts of your case, you may be able to recover past and future medical expenses, lost income and earning capacity, and compensation for pain and suffering. South Carolina law places limits on noneconomic damages in many medical malpractice cases, with exceptions in certain circumstances. An attorney can explain how these limits might apply to your specific claim.

What should I do if I suspect medical malpractice happened to me or a family member?

Start by requesting complete copies of the relevant medical records, and write down a timeline of what happened, including symptoms, what you were told, and when. Because South Carolina’s filing deadlines are strict, it’s a good idea to contact a medical malpractice attorney promptly so your rights are protected while the details are still fresh.