Delayed Diagnosis in South Carolina
Average Settlement: $250,000 - $800,000 | Statute: 3 years from the date of the treatment or the date the injury was or should have been discovered
About Delayed Diagnosis
Delayed diagnosis occurs when a healthcare provider fails to identify a medical condition in a timely manner, allowing the disease to progress to a more advanced and less treatable stage. Unlike misdiagnosis, the correct diagnosis is eventually made, but the delay causes measurable harm to the patient. These cases are especially common in cancers, heart disease, and infections where early intervention is critical to survival.
South Carolina Medical Malpractice Laws
Statute of Limitations
3 years from the date of the treatment or the date the injury was or should have been discovered
Damage Cap
$350,000 non-economic damages per healthcare provider ($1,050,000 aggregate total per occurrence for multiple providers)
Discovery Rule
South Carolina applies the discovery rule — the statute begins when the patient discovers or should have discovered the injury, subject to a 6-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file a Notice of Intent to File Suit and an expert affidavit at least 90 days before filing the complaint. Mediation is required before trial.
Common Examples of Delayed Diagnosis
- •Failure to order appropriate diagnostic tests when symptoms are present
- •Delayed cancer diagnosis due to ignoring persistent symptoms or abnormal screening results
- •Failing to follow up on abnormal lab work or imaging findings
- •Dismissing patient complaints as stress or aging when a serious condition exists
- •Delayed diagnosis of appendicitis leading to rupture and sepsis
- •Failure to refer a patient to a specialist in a timely manner
- •Delayed identification of infections such as meningitis or sepsis
Key Facts
- ✓Proving a delayed diagnosis claim requires establishing that an earlier diagnosis would have led to a materially better outcome for the patient
- ✓Cancer cases are the most common delayed diagnosis claims, with breast, lung, and colorectal cancers being the most frequently litigated
- ✓Medical experts must testify about the staging and prognosis at the time the diagnosis should have been made versus when it was actually made
- ✓Electronic health records showing when symptoms were first reported and what follow-up actions were taken are key evidence
- ✓Some delayed diagnosis cases involve systemic failures, such as lost test results or miscommunicated findings between providers, which can implicate hospitals and health systems
- ✓South Carolina caps non-economic damages at $350,000 per provider, with a $1,050,000 aggregate cap when multiple providers are involved.
- ✓A 90-day Notice of Intent to File Suit and expert affidavit must be served before filing the complaint.
- ✓Mandatory mediation is required before the case can proceed to trial.
- ✓South Carolina follows a modified comparative negligence system with a 51% bar.
- ✓Punitive damages are capped at the greater of $500,000 or three times the compensatory damages.
Victim of Delayed Diagnosi in South Carolina?
Get a free case evaluation. Most medical malpractice attorneys work on contingency.
Calculate Your Settlement →Delayed Diagnosis in Other States
Other Malpractice Types in South Carolina
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in South Carolina.