Written by Jeff Chandler, South Carolina Personal Injury Attorney
Practicing in South Carolina since 1999
A wrong diagnosis can delay treatment, allow an illness to worsen, or lead to unnecessary care. But an incorrect diagnosis alone does not automatically mean medical malpractice occurred.
A potential claim generally depends on three questions:
- Did the provider’s care fall below the standard expected in similar circumstances?
- Did that failure cause additional harm?
- Did the patient suffer legally recognized losses?
Chandler Law Firm explains more about what medical malpractice means in South Carolina.
What Is a Diagnostic Error?
A diagnostic error may involve:
- Failing to identify a condition that should reasonably have been detected;
- Delaying a diagnosis when symptoms called for timely investigation;
- Misreading or overlooking a test result; or
- Failing to follow up on an abnormal result.
For example, a patient may report symptoms, receive one diagnosis, and later learn that a different condition was responsible. Whether that situation raises a legal issue depends on what information the provider had at the time and what a reasonably prudent provider would have done.
South Carolina defines medical malpractice by what a reasonably prudent healthcare provider or institution would do—or would not do—in the same or similar circumstances. South Carolina Code § 15-79-110
When Could a Misdiagnosis Be Malpractice?
A claim may warrant review if evidence suggests the provider failed to take reasonable diagnostic steps. Depending on the circumstances, questions may include whether the provider:
- Took an appropriate medical history;
- Responded to the symptoms the patient reported;
- Ordered or considered appropriate testing;
- Correctly interpreted test results;
- Communicated significant findings; or
- Arranged appropriate follow-up or referral.
A different provider might have reached a different diagnosis without the first provider necessarily being negligent. The issue is whether the care met the applicable standard—not simply whether another approach was possible in hindsight.
Did the Error Cause Additional Harm?
A diagnostic mistake alone is not enough. A potential malpractice claim generally requires a connection between the alleged failure and an injury.
In a delayed-diagnosis case, the evidence may need to show that timely diagnosis and treatment would likely have prevented or reduced the harm. The delay might have allowed a condition to progress, required more extensive treatment, or otherwise worsened the patient’s outcome.
If the same injury or outcome would have occurred even with timely diagnosis, it may be difficult to show that the diagnostic error caused additional harm.
Potential losses may include:
- Additional medical treatment and expenses;
- Lost income;
- Physical impairment;
- Pain; or
- Other legally recognized harm.
Every case depends on its facts and evidence. Read Chandler Law Firm’s guide to proving medical malpractice in South Carolina.
What Evidence May Matter?
Medical records can help show what symptoms a patient reported, which tests were ordered, what results were recorded, and when the diagnosis changed.
Consider keeping copies of:
- Test results and medical records;
- Discharge instructions and prescriptions;
- Patient portal messages;
- Medical bills; and
- Notes about appointments, symptoms, and conversations with providers.
Write down a timeline while events are fresh, including when you first learned the original diagnosis may have been wrong.
Continue seeking medical care for current health concerns. Do not delay treatment while trying to determine whether a legal claim exists.
South Carolina’s Pre-Suit Process
South Carolina has specific requirements for medical malpractice cases. They generally include:
- Filing a Notice of Intent to File Suit;
- Providing an affidavit identifying an alleged negligent act or omission and its factual basis; and
- Participating in pre-litigation mediation.
The requirements are described in South Carolina Code § 15-79-125 and § 15-36-100.
How Long Do You Have to Bring a Claim?
South Carolina’s deadline depends on when the treatment or omission occurred, when you discovered the injury—or reasonably should have—and other circumstances.
The statute generally refers to a three-year period and a six-year outside limit. Exceptions and tolling rules may apply, so do not assume the deadline starts only when you personally conclude that malpractice occurred.
For more information, see Chandler Law Firm’s guide to medical malpractice lawsuit timelines.
Discussing a Possible Misdiagnosis Claim
Reviewing the timeline, medical records, and resulting harm can help clarify whether a diagnostic error may support a claim. An unexpected outcome alone does not prove malpractice, and this article cannot determine whether a particular case meets the legal requirements.
Chandler Law Firm handles medical malpractice matters in South Carolina. To discuss your circumstances, contact the firm or call 843-448-4357. You can also visit the firm’s medical malpractice page.
This article provides general information about South Carolina law, not legal advice. Reading it or contacting the firm does not by itself create an attorney-client relationship. The law’s application depends on the facts of each case.
About the Author
Jeff Chandler has practiced law in South Carolina since 1999. His practice includes workers’ compensation, personal injury, and medical malpractice matters. He represents injured individuals throughout South Carolina from Chandler Law Firm’s Myrtle Beach and Charleston offices.
South Carolina Bar Admission: 1999
