New Supreme Court Ruling Regarding Charleston Medical Malpractice Cases


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South Carolina has been repeatedly revamping the way medical malpractice cases are handled in recent years. Unfortunately, this has been in favor of the provider and not to aid the victims of negligent actions from hospitals, doctors, and their auxiliary staff members. However, a Supreme Court ruling which was made near the end of 2014 provided a bittersweet victory to victims. The Law A few years ago, South Carolina updated its laws regarding a patient's right to sue over negligent treatment. It was established that an adult has three years to file a claim following the incident, or up to a maximum of six if the nature or severity of the incident was not discovered until after the three-year window passed. There is a separate statute of limitations pertaining to minors. In addition to the firm window for timing, it was also determined that victims need to find a medical expert who will evaluate their case and testify that it merited a lawsuit. Following this, victims are also required to attempt to settle with the injury-causing entity before their case can go to trial. Groundbreaking Case In 2012, a woman's case was thrown out by a Circuit Court judge because she missed a deadline for paperwork. Her case was the result of an earlier incident in which she was left unattended by hospital staff, despite having been transported there by ambulance and reporting symptoms of a stroke. Hospital staff was made aware that she felt dizzy and disoriented, yet they refused to allow family members to remain with herand the staff did not tend to her. Subsequently, she attempted to make her way to the restroom alone and she fell, fracturing her foot. The woman in question made the deadline for the initial paperwork, but did not deliver the expert testimony in time. Despite the fact that the case was thrown out in 2012 for the oversight, the Supreme Court overruled it, stating that they should "proceed on the merits rather than to affirm unwarranted dismissals based on technical noncompliance with the medical malpractice statutes." What this means is that other cases which follow within the state will likely be handled in the same manner. In other words, judges will be looking at the details of each case, rather than simply dismissing them over clerical errors or unclear legalese.

Charleston Medical Malpractice Attorney

If you or a loved one has been injured due to the negligent behavior of a doctor, hospital, or other medical provider, you could be entitled to compensation. As the case highlighted here shows, time is of the essence when filing a claim. However, even if you believe the statute of limitations has passed, it's a good idea to speak with a legal representative anyway. An experienced litigation attorney may be able to find another avenue to justice. At Clore Law Group, we will fight for your right to fair compensation. We don't charge for consultations and we won't charge any fees until we have won your case.Please tell us about your incident using our online form or speak directly with one of our attorneys by calling 1(800)610-2546.

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Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, or business tort. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.