What are the Damages You Can Recover in South Carolina Medical Malpractice Claims?

What are the Damages You Can Recover in South Carolina Medical Malpractice Claims?

Medical malpractice claims are a critical avenue for patients who have suffered injuries due to negligent care by medical professionals. In South Carolina, understanding the types of damages you can recover in a medical malpractice case is essential for those seeking justice and compensation.

In South Carolina, damages in medical malpractice claims generally fall into two categories: economic and non-economic damages.

Economic Damages

Economic damages are quantifiable financial losses that arise directly from the injury sustained due to medical negligence. These damages can include:

  • Medical Expenses: This covers both past and future medical costs related to the malpractice, including hospital bills, surgeries, and rehabilitation therapies.
  • Lost Wages: If the injury has resulted in an inability to work, plaintiffs can claim compensation for lost income, including both past wages and projected future earnings.
  • Loss of Earning Capacity: In some cases, an injury may permanently diminish a person’s ability to earn in the future. Compensation for loss of earning capacity accounts for this long-term impact.
  • Household Services: If the injury requires assistance with daily activities or household chores, you may recover damages for these services.

Non-Economic Damages

Non-economic damages cover the intangible losses that a victim suffers due to medical malpractice. These can often be more challenging to quantify but are equally important. They include:

  • Pain and Suffering: This refers to the physical pain and emotional distress experienced as a result of the malpractice.
  • Emotional Distress: Victims may experience anxiety, depression, or other psychological effects that stem from their medical condition and the negligence they suffered.
  • Loss of Consortium: This damage is applicable to the spouse of the injured party and refers to the loss of companionship, affection, and support due to the injury.
  • Loss of Enjoyment of Life: If the malpractice has significantly altered a person’s ability to enjoy life — such as participating in hobbies or spending time with family — they may recover for this loss.

Limitations on Damages

It’s important to note that South Carolina law imposes certain limitations on the recovery of damages in medical malpractice cases. For instance:

  • Cap on Non-Economic Damages: South Carolina has a cap on non-economic damages in medical malpractice cases, which is currently set at $500,000. However, there are exceptions where this limit may be increased, such as in cases of catastrophic injuries or wrongful death.
  • Statute of Limitations: Victims have a limited time frame to file medical malpractice claims. In South Carolina, the statute of limitations is typically three years from the date of the incident, although certain situations can extend this period.

Conclusion

Recovering damages in a South Carolina medical malpractice claim can provide essential financial relief and recognition of the trauma endured by victims and their families. Understanding the types and limitations of damages available can help guide those affected in seeking the justice they deserve. If you suspect you have a medical malpractice case, consulting with a qualified attorney can help you navigate the complexities of the legal process and maximize your potential recovery.