Like many across the nation, the health care industry in South Carolina faces numerous challenges. Among these is a growing erosion of trust in medical professionals. Whether it’s due to understaffing, overworked doctors, or systemic issues, the potential for medical errors and negligence is a stark reality.
This lack of trust is further fueled by high-profile medical malpractice cases, like the recent settlement involving a Columbia family who tragically lost a loved one due to alleged catheter misplacement.
In the news:
$900,000 settlement reached in fatal catheter misplacement case
In November 2023, a South Carolina family received a $900,000 settlement after their loved one tragically passed away at Regional Medical Center in Orangeburg due to an alleged medical error involving a misplaced catheter.
According to the lawsuit, a nurse, under a doctor’s direction, attempted to insert a catheter into 27-year-old Irvin Kenly’s external jugular vein. However, the catheter was mistakenly placed into an artery.
This error led to Kenly suffering strokes and, ultimately, his death, as stated in the lawsuit. In August 2019, the family sued the hospital and the doctor for medical malpractice, gross negligence, and wrongful death.
This heartbreaking case underscores the devastating consequences of medical negligence and the vital importance of holding health care providers accountable for their actions.
Medical malpractice claims are a significant issue across the United States, with data from Enjuris revealing a startling number of deaths attributed to medical errors each year.
Types of medical malpractice cases
Medical malpractice can manifest in various ways, impacting patients across different stages of care. Some common types of cases include:
- Misdiagnosis or delayed diagnosis. Imagine a patient experiencing chest pain being sent home with antacids, only to suffer a heart attack hours later. This delay in diagnosis could have devastating consequences.
- Surgical errors. A surgeon might operate on the wrong site, leave a surgical instrument inside the patient, or cause nerve damage during a procedure. These errors can lead to lifelong complications and disabilities.
- Medication errors. A pharmacist might dispense the wrong medication or dosage, leading to adverse reactions or even death. Doctors might also prescribe medications without considering a patient’s allergies or existing medical conditions.
- Birth injuries. During childbirth, complications like oxygen deprivation or improper use of forceps can cause brain damage, cerebral palsy, or other birth injuries.
- Anesthesia errors. Negligent administration of anesthesia can result in complications like nerve damage, allergic reactions, or even death.
These are just a few examples of how medical malpractice can occur. Each case is unique, and the specific types of errors can vary widely.
If you or a loved one has suffered harm due to medical negligence in South Carolina, you have the right to seek justice. This includes filing a medical malpractice lawsuit to recover compensation for medical expenses, lost wages, pain and suffering, and other damages. However, time is of the essence.
As the graph shows, these numbers remind us of the importance of patient safety and the need for accountability within the health care system.
You have a medical malpractice case, but can you still file a claim?
It depends if you’re still within the timeline of South Carolina’s statute of limitations.
South Carolina law imposes strict time limits for filing medical malpractice claims. According to South Carolina Code § 15-3-545, you generally have 3 years from the date of the incident to file a lawsuit.
However, there are exceptions, such as in cases involving minors or when the injury was not immediately discoverable.
Recovering damages in South Carolina medical malpractice cases
You may be entitled to compensation for various damages if you’ve been injured due to medical negligence.
In South Carolina, these damages fall into 3 main categories:
1. Economic damages. These are tangible, quantifiable losses that can be calculated with relative ease. They include:
- Medical expenses. This includes past and future medical bills, including hospitalization, surgeries, medications, rehabilitation, and assistive devices.
- Lost wages. This compensates for income lost due to the inability to work.
- Lost earning capacity. If the injury has permanently affected your ability to earn a living, you may be compensated for this loss of future income potential as well.
- Other out-of-pocket expenses. These can include the cost of modifying your home or vehicle to accommodate your injury.
Is there a limit on compensation for economic damages in SC?
No, there is no limit on economic damages in South Carolina.
2. Non-economic damages. These are less tangible losses that are more difficult to quantify but no less important. They include:
- Pain and suffering. Physical pain, discomfort, and emotional distress caused by the injury and its aftermath.
- Loss of enjoyment of life. The inability to participate in activities you once enjoyed.
- Disfigurement or disability. Compensation for permanent physical impairments or changes to your appearance.
- Loss of consortium. If your injury has negatively impacted your relationship with your spouse, you may be able to seek compensation for this loss.
Are there limits on non-economic damages in South Carolina medical malpractice cases?
Yes. According to the South Carolina Code of Laws, Title 15, Chapter 32, there is a cap on non-economic damages, which is adjusted each year for inflation. As of December 2023, the cap on non-economic damages is $564,168 per provider or facility and $1,692,503 for all providers/facilities.
Source: https://rfa.sc.gov/sites/default/files/2024-02/Medical%20Malpractice%20Inflation%20Memo.pdf
3. Punitive damages. While less common than compensatory damages, punitive damages are awarded in cases where the health care provider’s actions were particularly reckless, willful, or malicious. They serve to compensate the victim, punish the wrongdoer, and deter similar behavior in the future.
An example of punitive damages in health care occurred in a 2015 case where an anesthesiologist made derogatory comments about a sedated patient, claiming he had syphilis and tuberculosis. The jury awarded the patient $500,000, including $200,000 in punitive damages.
Do punitive damages have a cap?
In South Carolina, punitive damages are subject to certain limitations. They are generally capped at three times the amount of compensatory damages, or $500,000, whichever is greater.
However, these caps may not apply if the court finds that the defendant’s conduct was grossly negligent or reckless.
It’s important to consult with an attorney to understand how these caps may apply to your case and whether any exceptions exist.
How To Navigate the Personal Injury Settlement Process in S.C.
A guide to help you get maximum compensation for your personal injury claim.
Who can sue for medical malpractice?
In South Carolina, anyone who has been injured due to medical malpractice can file a lawsuit. This includes the patient themselves, their family members (in cases of wrongful death or injury to a minor), or even their estate (if the patient has passed away).
Who can be sued for medical malpractice?
Any health care provider who owes a duty of care to the patient can be held liable for medical malpractice. This includes:
- Doctors
- Nurses
- Surgeons
- Anesthesiologists
- Pharmacists
- Hospitals
- Clinics
- Nursing homes
As you can see, liability can extend beyond the individual practitioner. Hospitals, clinics, and other health care facilities can also be held responsible for the negligent actions of their employees.
Do doctors lose their licenses after medical malpractice lawsuits?
Losing a medical malpractice lawsuit does not automatically result in a doctor losing their license. However, the state medical board may investigate the case and take disciplinary action, including license revocation, if the doctor’s actions were egregious or demonstrate a pattern of incompetence.
How can consumers check for medical malpractice complaints?
South Carolina maintains a public database where you can search for information about health care providers, including any disciplinary actions taken against them.
Additionally, online resources like the Federation of State Medical Boards (FSMB) provide a nationwide database of disciplinary actions against physicians (DocInfo).
Remember, thorough research and due diligence are crucial when choosing a health care provider. If you have concerns about a particular doctor or hospital, don’t hesitate to ask questions and seek second opinions.
Injured due to a medical error? Consider hiring a medical malpractice attorney.
Navigating the complexities of a medical malpractice lawsuit requires legal expertise and a deep understanding of medical standards of care.
A local medical negligence attorney can:
- Investigate your case thoroughly. Your attorney will review medical records, consult with medical experts, interview witnesses, and analyze any relevant documentation to understand the full scope of your injury and the circumstances surrounding the medical error.
- Gather crucial evidence. Building a strong case requires gathering evidence demonstrating the health care provider’s negligence. Your attorney will obtain medical records, diagnostic tests, expert opinions, and any other relevant documentation to support your claim.
- Negotiate with insurance companies. Insurance companies are notorious for trying to minimize payouts. Your attorney will leverage their negotiation skills and legal knowledge to advocate for a fair settlement that covers all your damages.
- File a lawsuit and represent you in court. If a fair settlement cannot be reached, your attorney will file a lawsuit and represent you in court. They will prepare your case, argue your side, and fight for the compensation you deserve. This includes presenting evidence, cross-examining witnesses, and ensuring that your rights are protected throughout the legal process.
Take the first step: Contact our Columbia injury law firm
If you suspect that you or a loved one has been a victim of medical malpractice, don’t hesitate to seek legal help. We understand the emotional and financial toll these situations can take.
With more than 30 years of experience and a proven track record of success, we have the knowledge and expertise to guide you through the legal process, fight for your rights, and secure the compensation you need to rebuild your life.
Contact Chappell, Chappell and Newman today for a free consultation and let us help you on the road to recovery.