Misdiagnosis in South Carolina
Average Settlement: $300,000 - $900,000 | Statute: 3 years from the date of the treatment or the date the injury was or should have been discovered
About Misdiagnosis
Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient's condition, leading to inappropriate treatment or no treatment at all. This is one of the most common forms of medical malpractice and can result in disease progression, unnecessary procedures, or harmful medications. Cancer misdiagnosis is particularly devastating, as delayed treatment can mean the difference between a curable and terminal prognosis.
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 Misdiagnosis
- •Diagnosing a malignant tumor as benign
- •Misidentifying a heart attack as acid reflux or anxiety
- •Confusing symptoms of stroke with migraine or vertigo
- •Incorrectly diagnosing an infection, leading to wrong antibiotic treatment
- •Failing to identify cancer on imaging studies such as mammograms or CT scans
- •Misdiagnosing autoimmune conditions as psychological disorders
Key Facts
- ✓Studies indicate that diagnostic errors affect approximately 12 million adults in the United States each year in outpatient settings
- ✓To prove misdiagnosis, the plaintiff must show that a competent physician in the same specialty would have correctly identified the condition under the same circumstances
- ✓Medical records documenting the patient's reported symptoms, test results, and the physician's reasoning are essential to building a misdiagnosis case
- ✓Misdiagnosis claims often require demonstrating that the correct diagnosis was on the physician's differential diagnosis list but was improperly ruled out
- ✓The damages in misdiagnosis cases are measured by the difference in outcome between what occurred and what would have happened with a timely, correct diagnosis
- ✓Radiology and pathology misreads are among the most clear-cut misdiagnosis cases because the evidence is preserved in images and slides
- ✓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.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in South Carolina.