Medical misdiagnosis occurs more frequently than most people realize. In South Carolina, patients who suffer harm due to a healthcare provider’s failure to correctly diagnose their condition may be entitled to compensation. The Briggs Law Group has extensive experience helping Charleston residents and South Carolinians across the state seek justice after medical errors impact their lives.
Medical professionals have a duty to provide care that meets established standards. When they miss crucial symptoms, diagnose the wrong condition, or fail to diagnose a condition entirely, patients can face devastating consequences. Our Charleston medical malpractice attorney explains what you need to know about medical misdiagnosis compensation in South Carolina.
How Common Is Medical Misdiagnosis?
Research shows that diagnostic errors affect approximately 12 million Americans annually. These errors rank among the most common types of medical mistakes. In South Carolina hospitals and medical facilities, misdiagnosis happens for various reasons.
Medical professionals sometimes rush evaluations due to overwhelming patient loads. They might miss critical details during patient interviews or skip important diagnostic tests. Communication breakdowns between healthcare providers can lead to incomplete information sharing. Some medical facilities lack proper protocols for thorough diagnostic procedures.
The impact of these errors extends beyond physical harm. Patients often face additional medical expenses, lost income, and emotional trauma while dealing with conditions that could have been treated properly if diagnosed correctly.
What Qualifies as Medical Misdiagnosis?
Medical misdiagnosis takes several forms in South Carolina healthcare settings:
- Missed diagnosis: The doctor fails to identify any medical condition despite the presence of symptoms that should have prompted further investigation.
- Delayed diagnosis: The correct diagnosis comes after a significant delay, during which the condition worsens or becomes harder to treat.
- Wrong diagnosis: The patient receives treatment for a condition they do not have while their actual condition remains untreated.
- Failure to recognize complications: The doctor identifies the primary condition but misses related complications that require attention.
Not every incorrect diagnosis constitutes malpractice. The key question centers on whether another reasonably competent doctor would have made the same error under similar circumstances. Medical malpractice claims require proving that the misdiagnosis resulted from negligence rather than the inherent limitations of medical science.
Conditions Commonly Misdiagnosed in South Carolina
Some medical conditions present particular diagnostic challenges, leading to higher rates of misdiagnosis:
- Cancer: Symptoms often mimic less severe conditions, leading to delayed diagnosis when doctors fail to order appropriate screening tests. Breast, colorectal, lung, and skin cancers rank among the most frequently misdiagnosed malignancies in South Carolina.
- Heart attacks: Doctors sometimes mistake heart attack symptoms for anxiety, indigestion, or other less severe conditions, especially in women and younger patients.
- Stroke: When medical professionals miss the signs of stroke, patients lose precious time for treatment that could prevent permanent brain damage.
- Infections: Serious infections like sepsis can progress rapidly if misdiagnosed, leading to organ failure or death.
- Autoimmune disorders: Conditions like lupus, multiple sclerosis, and rheumatoid arthritis often go undiagnosed for years because their symptoms overlap with many other conditions.
Legal Time Limits for Filing Medical Misdiagnosis Compensation Claims
South Carolina law establishes strict deadlines for filing medical misdiagnosis compensation claims. Patients generally have three years from the date the misdiagnosis occurred or from when they discovered (or reasonably should have discovered) the error. However, no claim can be filed more than six years after the date of the error, regardless of when it was discovered.
For minor patients, these time limits extend until their 18th birthday, giving them additional time to pursue claims.
Meeting these deadlines proves crucial because courts typically dismiss cases filed after the statute of limitations expires, regardless of merit. The complexity of these timing rules makes early consultation with a knowledgeable attorney essential.
Compensation Available for Medical Misdiagnosis Victims
South Carolina medical malpractice settlements allow victims to seek several types of damages:
- Medical expenses: Costs for additional treatments, surgeries, medications, and rehabilitation needed because of the misdiagnosis.
- Lost income: Compensation for wages lost while recovering or due to reduced earning capacity.
- Pain and suffering: Money for physical pain and emotional distress caused by the misdiagnosis.
- Loss of enjoyment of life: Damages for inability to enjoy hobbies, activities, and relationships due to health complications.
- Wrongful death damages: When misdiagnosis results in death, families can seek burial expenses, lost financial support, and compensation for their grief and loss of companionship.
South Carolina previously capped non-economic damages (like pain and suffering) at $350,000 against individual providers and $1.05 million against multiple providers. However, these limits have been subject to legal challenges, so current caps may differ.
Proving Medical Misdiagnosis in South Carolina Courts
Successful medical misdiagnosis compensation claims in South Carolina require establishing four key elements:
- Duty of care: The healthcare provider had a professional relationship with the patient that created a duty to provide appropriate care.
- Breach of standard of care: The provider failed to follow accepted medical standards for diagnosis that a similarly trained professional would have followed.
- Causation: This failure directly caused harm to the patient that would not have occurred with proper diagnosis.
- Damages: The patient suffered actual harm with measurable costs and impacts.
Expert testimony plays a critical role in these cases. South Carolina courts require medical experts to establish both the standard of care and how the provider breached that standard. Finding qualified experts willing to testify against fellow medical professionals presents one of the most challenging aspects of these cases.
How Charleston Medical Misdiagnosis Attorneys Help
Experienced medical malpractice attorneys provide crucial assistance throughout the misdiagnosis lawsuit settlements process:
- They investigate medical records thoroughly, identifying evidence of diagnostic errors.
- They consult with medical experts who can testify about proper diagnostic procedures.
- They handle complex legal filings, including the Notice of Intent to File Suit required in South Carolina.
- They negotiate with insurance companies, who typically represent medical providers.
- They prepare cases for trial when fair settlements cannot be reached.
The Briggs Law Group has developed relationships with respected medical experts across specialties, enhancing our ability to build compelling cases for Charleston residents and clients throughout South Carolina.
Moving Forward After Medical Misdiagnosis
The Briggs Law Group serves Charleston and communities throughout South Carolina with dedicated legal representation for medical misdiagnosis victims. Our South Carolina medical misdiagnosis attorneys provide compassionate support while aggressively pursuing the compensation clients deserve after suffering from preventable medical errors.
Medical misdiagnosis cases involve complex medical and legal questions requiring specialized knowledge. Our firm offers free consultations to evaluate potential claims and explain options clearly without using confusing legal jargon. Contact us for help today.