South Carolina Medical Malpractice Lawyer

When a healthcare professional causes you harm, medical malpractice lawyers in SC should be your first call. The legal process not only helps you; it can also help encourage change that protects all patients.

A South Carolina medical malpractice lawyer at the Louthian Law Firm can help you better understand your legal options. If your doctor made a critical error that resulted in your injury or illness, they might be responsible for medical malpractice. Patients seek much-needed treatment for their suffering. Their conditions should never be worsened by a negligent healthcare provider.

If a healthcare provider has caused you serious injury or illness, Louthian Law Firm’s medical malpractice lawyers are here for you.

You’ve been dealt a serious setback by the healthcare providers you trusted to treat your condition. When you’re ready to get the payment you deserve, schedule a free consultation with a medical malpractice attorney at the Louthian Law Firm by calling (803) 454-1200 or filling out our contact form.


Attorneys in Columbia, SC
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What is medical malpractice?

Medical malpractice is defined as an injury to a patient that occurs when a health care provider fails to practice medicine within the “professional standard of care” expected from any other reasonable, prudent healthcare provider.

Statute of Limitations for a Medical Malpractice Claim

The South Carolina statute of limitations to file a medical negligence claim is generally three years against a private healthcare provider or entity (hospital/clinic). The statute falls to two years if the claim is filed against a government defendant. The “window” to file the claim usually begins when the negligent act or omission occurs, but in some cases may not begin until the negligent treatment is discovered.

Understanding “Standard of Care”

The term is defined as “the watchfulness, attention, caution and prudence that a reasonable person under the same circumstances would exercise.” Standard of care is relative. And for the purposes of medical malpractice, it is determined by the absence of the level of treatment one expects from a reasonably competent and skilled health care professional, with similar background, and within the same medical community, that would have been available to that patient under similar circumstances.

Who can be held responsible for medical malpractice?

Doctors, dentists, nurses, hospital employees, technicians, pharmacists, hospitals or clinics and nursing homes (and their employees) can be held liable for medical malpractice.

A medical malpractice lawyer will help you understand the process of making a legal claim against any medical professional.

SC Laws About Medical Malpractice

Medical Malpractice Attorneys
Serving Residents of South Carolina


Medical malpractice is a politically charged issue, which has led to an extremely complex set of laws governing malpractice lawsuits. If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced SC medical malpractice lawyer at the Louthian Law Firm as soon as possible.


Work with our South Carolina medical malpractice attorneys and we’ll:

  • Protect your legal right to the courts,
  • Stand by your side throughout the legal process,
  • Get you the best possible results.

For a free consultation, call a medical malpractice lawyer today at (803) 454-1200. You can also fill out our confidential case evaluation form.

Client Testimonials


“My family and I would like to thank the Louthian Law firm for a job well done! Mr. Bert Louthian provided legal support to my brother after a near fatal car accident. The Louthian Law Firm worked on our case for over 6 years and went above and beyond to ensure that my brother received the best settlement possible. Over the years Bert has not only served as our Attorney, he is now a friend of the family. I highly recommend this law firm to any and every one that’s in need of a great Attorney! Thanks Bert!” – Jerome Pearson


“Mr. Louthian and the Louthian Law Firm provided me with excellent legal services regarding a legal issue with a major corporation. They involved me in all aspects of resolving my legal issue and provided me with the guidance and counsel that I needed to win my case. The Louthian Law Firm treated me with dignity and respect and I can honestly say that it was a pleasure working with them. Mr. Louthian and the Louthian Law Firm is my first recommendation to others who require legal assistance.” – Errick Bethel Sr.


“Bert Louthian was an absolute pleasure to deal with. In my time of need he was there to help, not only do I consider him to be a great attorney he is also my friend. Hopefully I will not need another attorney, but if I do Bert will be the one I call.” – Michael Scarbrough


“The Louthian Law Firm went above and beyond for our family! We could tell from the start that Bert and his staff cared about us, not just “the case”. Thank you, Bert!” – Jessica M. Terenzini

Medical Malpractice Causes

While medical malpractice can be a deliberate act, such as amputating a healthy limb, it is often also a failure to act, such as not sanitizing equipment well or not diagnosing a deadly disease. The Institutes of Medicine estimates that such errors kill 40,000 to 98,000 Americans each year; an additional 7,000 die from drug prescription errors.

Common types of medical malpractice include:

  • Delay or outright misdiagnosis of a time-sensitive or serious disease.
  • Failure to treat a disease correctly.
  • Botched surgeries and incorrect doses of anesthesia.
  • Failure to care for a pregnant woman and her baby properly, leading to birth injuries.
  • Prescribing a drug that’s wrong for the patient’s medical condition, existing drug regimen or body chemistry.
  • Unnecessary surgery (often Cesarean sections, hysterectomies or non-elective circumcisions).
  • Not giving patients complete information (informed consent) that may change their minds about whether to undergo a procedure.

Common injuries from medical malpractice

Studies by many organizations generally agree on the largest number of medical malpractice injuries, although their rankings are not identical:

  • Misdiagnosis of an illness or other medical condition
  • Birth injuries to newborns and mothers during childbirth, or negligent prenatal care
  • Surgical errors
  • “Failure to treat” – When a doctor correctly diagnoses a condition, but then fails to treat it properly
  • Medication errors involving a pharmacist filling a prescription, or hospital nurse dispensing a prescription, or a doctor who writes the wrong prescription
  • Anesthesia errors – Even a small error by an anesthesiologist can result in permanent brain damage, or even death.

The Emotional and Financial Costs
of Medical Malpractice


A severe medical injury can put a breadwinner out of work, require multiple surgeries, and even necessitate years of physical therapy. Permanent disabilities or disfigurement also affect the victim’s future, which is particularly appalling when the victim is a baby or young child. When medical professionals commit malpractice, the patients who trusted them end up dead, permanently disabled or living with a significantly reduced quality of life. Careless doctors can and should be held responsible for their actions in court. Victims may be able to recover money to cover past and future medical needs; lost jobs or missed work; compensation for a permanent disability or disfigurement; and other costs caused by medical negligence in South Carolina.

When you suffer injury caused by medical malpractice you need to recover, and you need compensation to cover your costs and lost wages. We can help. Call us at (803) 454-1200.

What If You Suspect Negligence By Your Healthcare Provider

  • Document: Once you believe malpractice may have been committed, document everything. Get copies of your tests, blood work and lab results. Get names of the nurses and doctors who tended to you. Understand the procedures or surgeries you received and their outcomes. The more you document, the better the malpractice case your lawyer can make on your behalf.
  • Question: You, as a patient, have the right to know exactly what is happening at every step of your care. Ask questions about your treatment, and if your gut tells you to get a second opinion, do it. Be certain you know your injury and its ultimate prognosis. But be civil — even deferential — not provocative. Give the impression that you’re curious, not confrontational.
  • Request: Ask for a copy of your medical records. They’re yours and you are entitled to all of them. But again, don’t be provocative or confrontational. You might hide your intent by saying you might take a long vacation and want your records on a flash drive in case they’re suddenly needed by another treating physician. Also be prepared to ask for all records from both your doctor(s) and the hospital.


How to Cope With the Fallout of Medical Malpractice

Medical malpractice victims (and their loved ones) assume a lot of needless guilt. Family members may feel that they haven’t protected loved ones from caregiver mistakes. According to a study by the New England Journal of Medicine, many victims and family members fear retribution if they do complain. Often, physicians who commit malpractice distance themselves from patients and their families, in effect isolating them when they most need their doctor.

These resources can help you through this difficult time:

Because malpractice cases can sometimes progress at a snail’s pace, your medical malpractice attorney probably has plenty of good suggestions to help dial down your emotions and those of your family. Support groups often help. Sometimes counseling may provide emotional or psychological relief; but also let those who support you every day help you shoulder the burden, and let them know this isn’t their fault. The malpracticing healthcare provider is the only one who should feel shame, not you or your family.

When you’re ready to make a legal claim, our medical malpractice lawyer in SC will help.

You need an attorney who will navigate the complexities of the legal system. You need someone to fight for you every step of the way. You deserve to get every dollar of compensation possible. Louthian Law will provide exactly this level of service.

Reach out to us with our confidential contact form or give us a call at (803) 454-1200.

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