With so many different individuals making medical malpractice law in South Carolina their topic of discussion in legal wrangling, it is hard to nail down the exact nature of medical malpractice law in the state. As long as attorneys continue to battle it out in every courtroom, the exact definition of medical malpractice in South Carolina will never be clearly defined. This is largely due to the fact that as long as there are laws, there will be lawyers who make their living on fighting over the nature of each law. In the case of medical malpractice law in South Carolina, the law clearly states that individuals have certain inalienable rights to seek recourse against physicians who are negligent or otherwise unable to properly perform their duties. In these cases, most physicians are required to carry medical malpractice insurance and are largely insulated from the efforts of attorneys to squeeze money out of them through the offices of the lawsuits that are found on a regular basis to be somewhat ineffective. As more and more attorneys seek damages for their clients, the law continues to be changed and shaped in the eyes of the people.
South Carolina State Tort LawStatute of Limitations
Three years from date of original injury or after injury was discovered. After six years from the original injury, a suit may not be brought. In cases of foreign objects, two years after discovery.
Damage Award Limits No limits on damages.
Joint Defendant Liability Joint and several liability is not separated.
Expert Witness No provisions set on witnesses.
Attorney FeesNo limits on attorneys fees
With so many individuals practicing law and practicing medicine, it is only natural for the definition of medical malpractice law in South Carolina to change on a regular basis. With the natural evolution of law comes new precedents and new vagaries of meanings. What was once considered set in stone, can be changed over the course of time by constant litigation and constant legal wrangling. Until this type of legal wrangling subsides, there will continue to be a strong debate as to the letter of the law pertaining to medical malpractice law in South Carolina. In the case of those who are considered to be worse off after visiting their doctor Van they were before, the clear case of medical malpractice can make all the difference in the world for those who have a legitimate medical malpractice claim.
With this constant changing of the law, it can be difficult to ascertain exactly what the rights of the victims are at any given moment. Fortunately, the clarifying of certain specific points is left to the courts, who do their duty remarkably well and consider the definition of medical malpractice to be within the realm of understanding. By clearly defining the law, new precedent can be set dealing with medical malpractice law and those who are subjected to its rulings and vagaries on a regular basis.
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