Story by Joel Berly
November 7, 2025
When you’re dealing with medical malpractice in South Carolina, it’s important to understand two key legal concepts: informed consent violations and medical negligence. These terms address different failures in healthcare:
Key points to know:
If both issues arise – like a surgeon failing to warn about risks and performing substandard care – you may pursue both claims in one lawsuit. Acting quickly and consulting a qualified attorney is crucial to protect your rights and secure compensation.
To navigate medical malpractice claims in South Carolina, it’s essential to grasp the legal concepts of informed consent and medical negligence. These principles help determine whether healthcare providers fulfilled their legal duties. Below, we break down the standards and legal foundations shaping these claims.
In South Carolina, informed consent is more than just a signature on a form – it’s a process where a medical provider explains the nature, risks, benefits, and alternatives of a proposed treatment or procedure. This exchange empowers patients to make informed choices about their care.
For consent to be valid, three key conditions must be met:
The law requires that this information be communicated in a way the patient can understand. Courts in South Carolina evaluate whether the provider disclosed what a "reasonable patient" would need to know, balancing medical standards with patient expectations.
In emergencies, where a patient cannot provide consent due to their condition, exceptions may apply. However, these exceptions are narrowly interpreted, and providers are still expected to obtain consent whenever reasonably possible.
Medical negligence occurs when a healthcare provider breaches the standard of care, failing to act as a reasonably competent professional would in similar circumstances. To succeed in a claim, the plaintiff must prove four elements:
The standard of care is often established through expert testimony, comparing the provider’s actions to those of similarly qualified professionals.
While a lack of informed consent is considered a form of medical malpractice, it differs from medical negligence. The former focuses on whether the patient was adequately informed, while the latter examines the quality of care provided.
South Carolina’s legal framework for medical malpractice claims is rooted in both statutes and court decisions. The South Carolina Code of Laws, particularly Section 15-32-220, outlines procedural rules and limits on damages. Key judicial rulings, such as Harvey v. Strickland (2002), have further clarified these standards. In that case, the South Carolina Supreme Court highlighted the critical importance of obtaining patient consent before administering blood products.
To file a medical malpractice claim, plaintiffs must adhere to specific procedural requirements. They must submit a Notice of Intent, accompanied by an expert affidavit, and participate in mediation. Additionally, claims are subject to strict time limits – generally within three years from when the injury was discovered (or should have been), and no later than six years from the date of the alleged malpractice. Special rules apply for minors and cases involving government facilities.
Understanding these legal definitions and guidelines is crucial, as they shape how evidence is presented, what must be proven in court, and the steps required to pursue a claim in South Carolina. These foundational elements ensure that cases are handled with clarity and precision.
Informed consent and medical negligence highlight two distinct shortcomings in healthcare. While both involve failures in duty, they differ in focus and the type of evidence required to support claims.
Informed consent claims revolve around communication – specifically, whether a healthcare provider adequately explained the risks, benefits, and alternatives of a procedure. These cases explore whether the patient received enough information to make a meaningful decision. Importantly, the quality of the medical care itself isn’t the main issue here; the focus is on whether the patient was properly informed.
Medical negligence claims, on the other hand, scrutinize the quality of care provided. They assess whether the healthcare professional met the standard of care expected in similar circumstances. The question is: "Did the provider act as a reasonably competent professional would have in this situation?"
For instance, if a surgeon neglects to inform a patient about potential complications, it raises an informed consent issue. However, if that same surgeon operates on the wrong body part, it becomes a matter of negligence.
The evidence needed for these claims differs significantly:
The burden of proof also varies. In informed consent cases, the plaintiff must show not only that critical information was withheld but also that a reasonable person in their position would have declined the procedure if fully informed. This adds a layer of causation unique to these claims. In contrast, medical negligence cases focus solely on whether the provider’s actions directly caused harm, without requiring hypothetical considerations about the patient’s decision-making.
Some situations involve failures in both communication and care standards. For example, imagine a patient not being warned about severe medication side effects (informed consent issue) and then receiving the wrong dosage (negligence). In such cases, the patient can pursue both claims within a single lawsuit.
When both claims are involved, they can strengthen the overall case by showing multiple breaches of duty. However, each claim must be proven separately with its own evidence and expert testimony. Courts ensure that damages reflect the harm caused by both the lack of informed choice and the negligent care, but they avoid awarding compensation twice for the same injury.
This dual approach helps patients seek full compensation for the harm they’ve suffered – whether it stems from inadequate communication, substandard treatment, or both.
Pursuing medical malpractice claims in South Carolina requires meeting specific legal standards and presenting strong evidence. While the approach to proving informed consent violations differs from that for medical negligence, both rely heavily on expert testimony and thorough documentation. Let’s break down how each type of claim is established in court.
To prove an informed consent violation, plaintiffs must demonstrate that a healthcare provider failed to adequately disclose material risks, benefits, and alternatives related to a procedure or treatment. Simply securing a patient’s signature on a consent form isn’t enough. Courts examine whether the patient genuinely understood the information provided. Key evidence often includes medical records, signed consent forms, and notes detailing the provider’s explanations. Expert witnesses play a critical role in showing what information a competent doctor would have disclosed under similar circumstances and whether the standard of care was upheld.
Additionally, plaintiffs must prove that if proper disclosure had occurred, they would have made a different decision, and this lack of disclosure directly caused their injury. For instance, in Harvey v. Strickland, the South Carolina Supreme Court reviewed a case involving the administration of blood products without the patient’s consent, highlighting the importance of informed consent in medical practice. As with negligence claims, expert testimony is often central to building a strong case.
Medical negligence claims require plaintiffs to establish four key elements: duty, breach, causation, and damages. The duty element – showing that the healthcare provider had an obligation to care for the patient – is usually straightforward. The breach element, however, involves proving that the provider’s actions fell below the accepted standard of care, which is typically supported by expert testimony.
Once a breach is established, plaintiffs must show that it directly caused their injury and resulted in measurable damages. Emotional distress alone is generally not enough to pursue a claim. Evidence in these cases often includes clinical records, diagnostic tests, treatment protocols, and expert opinions that evaluate whether the care provided met professional standards.
South Carolina enforces strict deadlines for filing malpractice claims. Plaintiffs have three years from the date of injury or its discovery to file a claim, but no more than six years from the date of the alleged malpractice. The state also follows a modified comparative negligence rule. This means if a patient is found to be more than 50% responsible for their injury, they cannot recover damages.
Additionally, non-economic damages are capped by law, with adjustments made annually for inflation. However, these caps may not apply in cases involving gross negligence, willful misconduct, fraud, or the alteration of medical records. Recent legal reforms in South Carolina also require juries to assign fault proportionally among all responsible parties, reducing the risk of unfair liability being placed on a minimally responsible provider. It’s worth noting that most medical malpractice cases in South Carolina are resolved through settlements before reaching trial, making experienced legal representation crucial.
Understanding your rights and taking the proper steps after suspecting medical malpractice can make or break your case. South Carolina’s medical malpractice laws are intricate, so acting quickly and strategically is crucial to protecting your legal interests.
To build a strong case, it’s essential to identify the type of claim that applies to your situation. Does your case involve an informed consent violation, where risks weren’t fully explained? Or does it center on medical negligence, which addresses care that fell below acceptable standards? In some cases, both issues might overlap.
Informed consent violations often arise from communication failures before treatment. For example, a surgeon might neglect to explain the risks of a procedure. On the other hand, medical negligence focuses on the care itself – like performing a surgery below acceptable standards. Sometimes, both types of violations occur simultaneously.
To prove an informed consent claim, you’ll need to show that a competent doctor would have disclosed the specific risks under similar circumstances and that you would have made a different decision if properly informed. For medical negligence claims, you must establish four key elements: duty, breach, causation, and measurable damages.
Acting promptly is critical, as strict deadlines apply to filing a claim. Start by addressing your immediate health concerns, then shift your focus to gathering evidence and protecting your legal position.
Above all, consult a qualified medical malpractice attorney as soon as possible. Firms like Berly Rouse Attorneys in Charleston, SC, specialize in personal injury cases and can assess whether your claim has merit. Their guidance is essential for navigating this complex legal process.
Medical malpractice cases involve strict legal standards, complex terminology, and tight deadlines, making them difficult to handle without expert legal help. Proving claims like informed consent violations or medical negligence often requires expert testimony to establish what a competent doctor would have disclosed or to demonstrate that care fell below acceptable standards.
South Carolina’s legal landscape adds another layer of complexity. The state operates under a modified comparative negligence rule, meaning if you’re found more than 50% responsible for your injury, you won’t recover damages. Additionally, non-economic damages are capped at $564,168 for a single defendant as of 2024, with annual adjustments for inflation. Exceptions may apply in cases of gross negligence, willful misconduct, fraud, or altered medical records.
"At Berly Rouse, you can expect qualified, compassionate legal representation to help you get the compensation you deserve", the firm states. "We take a personalized approach to ensure you feel supported and informed throughout the process."
Most medical malpractice cases in South Carolina settle before trial, so having an attorney with strong negotiation skills is vital. They can help calculate damages, considering factors like medical expenses, lost wages, pain and suffering, and long-term care needs.
Berly Rouse Attorneys offers free initial consultations and works on a contingency basis – you pay no upfront fees and only pay if your case is successful. This approach ensures that financial concerns don’t prevent you from pursuing justice.
Given the challenges of medical malpractice law and the strict timelines involved, partnering with experienced legal professionals like Berly Rouse Attorneys is essential to protect your rights and improve your chances of a successful outcome.
Understanding the difference between informed consent violations and medical negligence is vital for safeguarding your rights as a patient in South Carolina. These two legal concepts address distinct issues: informed consent violations deal with whether you were provided enough information about treatment risks and alternatives, while medical negligence looks at whether your healthcare provider met the accepted standard of care during your treatment.
Sometimes, these violations overlap, as in the case of Harvey v. Strickland, which highlights the need for a well-rounded legal approach to address both claims effectively. South Carolina’s legal framework adds another layer of complexity, making it essential to seek timely and knowledgeable legal advice to navigate the specific requirements and restrictions.
In both scenarios, expert testimony plays a pivotal role. For informed consent cases, the focus is on whether you were adequately informed about the risks, while negligence claims examine whether the care provided met professional standards. Whether your case involves undisclosed risks or substandard treatment, the evidence and strategies required differ significantly.
Given these challenges, having skilled legal representation is crucial. Berly Rouse Attorneys in Charleston offer decades of experience handling medical malpractice cases. Their team provides dedicated legal advocacy, helping you navigate the process while you focus on your recovery.
Your rights as a patient include not only receiving quality care but also being fully informed and protected under the law. If you’re dealing with an informed consent issue, medical negligence, or both, acting quickly with the support of experienced legal counsel gives you the best chance to secure justice and fair compensation.
If you think your right to informed consent was ignored or suspect medical negligence, it’s crucial to act quickly. Begin by collecting all relevant medical records, documents, or any evidence tied to your treatment. These details can play a key role in assessing your situation.
Afterward, reach out to a seasoned attorney familiar with South Carolina’s medical malpractice laws. They can evaluate whether you have a solid case and help navigate the legal process. Getting professional legal advice not only safeguards your rights but also increases your chances of reaching a fair resolution.
In South Carolina, informed consent violations and medical negligence are two separate aspects of medical malpractice. Informed consent revolves around whether a patient was given enough information to make an educated decision about a medical procedure. This includes understanding the risks, benefits, and available alternatives. If a doctor fails to provide this information and the patient is harmed as a result, it may qualify as a breach of informed consent.
Medical negligence, however, is about whether a healthcare provider failed to meet the professional standard of care, leading to harm. This could involve mistakes during diagnosis, treatment, or follow-up care. While both situations fall under medical malpractice, the legal approaches to proving each claim differ.
If you suspect you’ve encountered either of these issues, reaching out to experienced attorneys, such as those at Berly Rouse in Charleston, SC, can clarify your legal rights and help you build a solid case.
Expert testimony is a key element in medical malpractice cases, especially when it comes to informed consent violations and medical negligence. These experts break down complex medical standards, helping the court determine whether a healthcare provider failed to meet those expectations.
In cases of informed consent, experts evaluate if the patient was properly informed about the risks, benefits, and available alternatives before undergoing a procedure. When it comes to medical negligence, they analyze whether the provider’s actions strayed from the accepted standard of care.
By shedding light on these technical aspects, expert witnesses play a vital role in assessing liability and aiding in the pursuit of a fair outcome.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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