Poor health outcomes alone are not grounds for a successful medical malpractice lawsuit in South Carolina. Rather, one has to prove the health care professionals failed to adhere to the accepted standard of care for their profession.
S.C. Code 15-79-110 is where we find definitions of medical malpractice standards and proof burdens. Medical malpractice is doing that which a reasonably prudent health care provider or institution would not do in the same or similar circumstances.
It is generally not enough to say that a different course of action by the physician or other health care provider would have had a better outcome. Just because the doctor could have done something different doesn’t necessarily mean the course of action taken deviated from the applicable standard of care. Continue reading