Surgical Errors in South Carolina
Average Settlement: $500,000 - $1,500,000 | Statute: 3 years from the date of the treatment or the date the injury was or should have been discovered
About Surgical Errors
Surgical errors occur when a surgeon or surgical team makes a preventable mistake during an operation, resulting in harm to the patient. These errors range from wrong-site surgery to leaving instruments inside the body, and they can lead to permanent disability, additional surgeries, or death. Surgical malpractice cases often involve clear deviations from accepted medical standards that can be demonstrated through operative reports and expert testimony.
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 Surgical Errors
- •Wrong-site or wrong-patient surgery
- •Surgical instruments or sponges left inside the patient
- •Damage to surrounding organs, nerves, or blood vessels during surgery
- •Performing an unnecessary surgical procedure
- •Inadequate post-operative monitoring leading to complications
- •Failure to obtain proper informed consent before surgery
- •Errors during minimally invasive or robotic surgery due to insufficient training
Key Facts
- ✓Operating room records, including time-stamped logs and surgical checklists, are critical evidence in proving surgical error claims
- ✓Wrong-site surgeries are considered 'never events' — incidents so clearly preventable they should never occur — which strengthens the plaintiff's case considerably
- ✓Expert surgical testimony is almost always required to establish what the accepted standard of care was and how it was breached
- ✓Many surgical error cases involve multiple defendants, including the surgeon, anesthesiologist, surgical nurses, and the hospital itself
- ✓The discovery of retained surgical instruments may not occur until weeks or months after the procedure, but statutes of limitations typically begin at the time of discovery
- ✓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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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.