Written by Jeff Chandler, South Carolina Attorney
Practicing in South Carolina since 1999
Last reviewed: Sept 22, 2026
When medical treatment goes wrong, it is natural to wonder whether someone made a mistake.
Maybe a doctor failed to diagnose a serious condition, a surgical procedure caused an unexpected injury, or you received the wrong medication.
But a medical mistake, complication, or disappointing outcome does not automatically amount to malpractice.
So, what is medical malpractice in South Carolina?
State law generally focuses on whether a healthcare provider or institution acted differently from what a reasonably prudent provider or institution would have done under the same or similar circumstances.
A potential claim also generally requires evidence connecting that failure to an injury and resulting damages.
Understanding these elements can help you determine whether an unexpected medical outcome deserves further investigation.
How Does South Carolina Define Medical Malpractice?
South Carolina provides a statutory definition of medical malpractice.
Under South Carolina Code § 15-79-110, medical malpractice means doing something a reasonably prudent healthcare provider or institution would not do—or failing to do something a reasonably prudent provider or institution would do—in the same or similar circumstances.
The statute’s definition of healthcare providers includes physicians, surgeons, nurses, dentists, pharmacists, chiropractors, optometrists, podiatrists, and similar licensed providers, as well as certain healthcare practices and other entities.
In practical terms, a malpractice case usually requires more than showing that something went wrong. The issue is whether the care fell below the applicable professional standard and caused harm.
What Must You Establish in a Medical Malpractice Case?
When determining whether you may have a claim, four issues are particularly important.
1. The Healthcare Provider Owed You a Duty
A professional relationship generally establishes a duty when a healthcare provider undertakes to diagnose or treat a patient.
For example, a physician treating you in a hospital or medical office generally owes duties arising from that treatment relationship.
2. The Provider Failed to Meet the Standard of Care
The next question is whether the healthcare provider acted as a reasonably prudent provider would have under similar circumstances.
A difference of opinion between doctors does not necessarily establish malpractice. Neither does an unsuccessful procedure.
Instead, the evidence must generally show that the care fell below the applicable standard.
South Carolina’s requirements for professional-negligence cases reflect the importance of medical evidence.
State law generally requires an affidavit from a qualified witness identifying at least one negligent act or omission and the factual basis for it as part of the applicable pre-suit process.
3. The Failure Caused an Injury
Even when a provider made an error, there must generally be a connection between that error and the patient’s injury.
Consider a delayed diagnosis. If a doctor should have identified a condition earlier, the case may involve questions about whether that delay caused the disease to progress, required more extensive treatment, or otherwise worsened the patient’s condition.
This causation requirement can make medical malpractice cases particularly complex, as a patient may have already been seriously ill or injured before the alleged negligence occurred.
4. The Patient Suffered Damages
Finally, the negligence must result in legally recognized harm.
Depending on the circumstances, damages could involve additional medical expenses, lost earnings, physical injuries, disability, pain, or other losses.
When alleged malpractice results in a patient’s death, different claims and legal considerations may arise.
For a more detailed discussion of these requirements, read our article “Do I Have a Medical Malpractice Case in South Carolina?“
What Are Examples of Medical Malpractice?
Medical negligence can occur in many different situations.
Potential examples include a failure to diagnose a condition that reasonably should have been identified, an unreasonable delay in diagnosis or treatment, certain surgical or anesthesia errors, medication mistakes, failure to properly monitor a patient, or failure to respond appropriately to test results.
For example, suppose a patient repeatedly reports symptoms of a serious illness.
If appropriate testing would ordinarily have been ordered under those circumstances but was not, and the delay causes additional injury, those facts may warrant investigation.
Similarly, performing surgery on the wrong body part would raise very different questions from a recognized surgical complication that occurred despite appropriate care.
The facts and medical evidence matter. No particular type of adverse outcome automatically proves malpractice.
Is a Misdiagnosis Automatically Medical Malpractice?
No. Doctors can make an incorrect diagnosis without necessarily committing malpractice.
The relevant question is generally whether the provider’s diagnostic process met the applicable standard of care.
A potential case might involve failing to order medically appropriate testing, ignoring significant symptoms, misreading diagnostic information, or failing to follow up on abnormal results.
But even then, the patient generally must establish that the failure caused additional harm.
What About Lack of Informed Consent?
Medical treatment often involves risks.
Before certain treatments or procedures, patients may need information to make an informed decision about their care.
An informed consent issue can be different from a claim alleging that a procedure was performed negligently.
However, a physician might perform a procedure appropriately yet face a separate allegation that the patient was not adequately informed of material information relevant to the decision to undergo treatment.
Whether the circumstances support a legal claim depends on the particular facts.
How Do You Prove Medical Malpractice?
Medical records are usually central to determining what is medical malpractice in South Carolina.
Records may show the patient’s symptoms, test results, diagnoses, medications, treatment decisions, physician notes, and the progression of the condition.
South Carolina also has specific procedural requirements for malpractice claims.
Before initiating the civil action, a prospective plaintiff generally must file a Notice of Intent to File Suit along with an affidavit from an appropriately qualified witness. The parties then participate in pre-litigation mediation.
These requirements make early investigation important.
How Long Do You Have to Bring a Medical Malpractice Claim?
South Carolina generally requires medical malpractice actions to be commenced within three years from the treatment, omission, or operation that gave rise to the claim, or within three years from discovery, or when the claim reasonably should have been discovered.
The law generally imposes an outside six-year limit from the occurrence, subject to statutory exceptions and tolling rules.
Special rules apply to certain situations, including foreign objects unintentionally left in the body and claims involving minors.
Because calculating the deadline can be complicated, do not assume you have three years from the day you personally concluded malpractice occurred.
For a fuller explanation, read our article on medical malpractice statute of limitations in South Carolina.
What Should You Do If You Suspect Medical Malpractice?
Preserve your medical information!
Keep copies of medical records, test results, bills, prescriptions, discharge instructions, patient-portal communications, and other documents related to the treatment.
It can also help to write a chronological account of what happened while events are fresh in your memory.
Note your symptoms, appointments, diagnoses, procedures, conversations with providers, and when you first became concerned that something had gone wrong.
Avoid assuming that an unexpected result either proves or disproves negligence. Determining whether care fell below the applicable standard may require a review of the medical records and other evidence.
Talk to Chandler Law Firm About a Potential Medical Malpractice Claim
If you are asking “What is medical malpractice in South Carolina?” because you or a family member experienced an unexpected injury during medical care, determining what happened may require a careful review of the circumstances.
Chandler Law Firm handles medical malpractice and other injury matters in South Carolina. You can learn more about the firm’s approach on its medical malpractice page or contact the firm to discuss the circumstances surrounding your treatment.
Learn about Chandler Law Firm’s medical malpractice representation
Contact Chandler Law Firm or call 843-448-4357. Chandler Law Firm has offices in Myrtle Beach and Charleston.
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
View Jeff Chandler's Attorney Profile →
Important Legal Information
This page provides general information about South Carolina law and is not intended as legal advice. Reading this page or contacting Chandler Law Firm does not by itself create an attorney-client relationship. The application of the law depends on the facts and circumstances of each case.
