South Carolina Cerebral Palsy Lawsuit Filing Process

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The South Carolina cerebral palsy lawsuit filing process can be complicated. However, if medical mistakes caused your child’s cerebral palsy, you have the right to sue. It’s essential to understand the legal steps before you get started and, most importantly, to retain an experienced South Carolina cerebral palsy lawyer to assist you.

South Carolina Cerebral Palsy Lawsuits

Taking legal action may not be the first thing you think of when trying to help your disabled child have a better life, but it can be so important. There are a couple of types of lawsuits or legal actions you may want to consider taking to ensure your child gets access to opportunities, services, and good health care.

Cerebral Palsy Medical Malpractice Lawsuits

Medical malpractice is the unfortunate situation in which a doctor or other medical worker fails to provide an adequate standard of care, leading to mistakes and harm.

For instance, if your doctor delivered your baby and failed to order a C-section despite known complications, that misstep could lead to your child suffering brain damage, which could cause cerebral palsy. A lawsuit can help you recover damages.

Discrimination and Disability Rights

Your child is at risk of discrimination solely for being disabled. At school, if the administrators fail to provide the accommodations necessary to provide free and appropriate education, they are violating the federal Individuals with Disabilities in Education Act.[1]

Your child may also experience discrimination in public places or housing, both covered by South Carolina state laws. You can fight discrimination with a civil lawsuit or a charge filed with the appropriate federal agency or the South Carolina Human Affairs Commission.[2]

How to File a Medical Malpractice Lawsuit for Cerebral Palsy in South Carolina

To file a cerebral palsy medical malpractice lawsuit in the state, you need to understand South Carolina laws that govern the process. With the right lawyer, you’ll get expert advice, but it still helps to have a minimum level of understanding of what you’ll do at each step along the way:

• Know the statute of limitations. First, don’t miss your opportunity to file. In South Carolina law, the statute of limitations on filing a medical malpractice case is three years from the negligent incident or three years from when you discovered it happened. If you use the discovery rule, you cannot file more than six years after the event. For minors, the limit is seven years.[3]

• Determine a damages amount. Talk to your lawyer about what to expect when recovering damages. South Carolina does not cap economic damages, so work with your lawyer to estimate the expenses of raising a disabled child. This should include medical bills, travel costs, mobility equipment, and therapies. The state does cap non-economic damages, so you cannot recover more than the current limit. The cap is adjusted each year for inflation. In 2022, the cap was $545,869 per defendant and $1,647,608 in total when there are multiple defendants.[4]

• File the Notice of Intent along with an Affidavit of Merit. South Carolina requires that you file your Notice of Intent, the document outlining your allegations and notifying defendants, along with an Affidavit of Merit.[5] The Affidavit is a document signed by a qualified medical expert stating that the expert reviewed the evidence and believes you have a case in which the defendants are likely negligent.

• Participate in mediation. Most medical malpractice cases go from filing to settlement negotiation, but South Carolina requires it. You must participate in the arbitration to resolve the situation without going to court. Mediation can be any alternative dispute resolution, but you do not have to agree to make it binding.

• Go to trial. If mediation fails and you don’t get an offer of a settlement you believe is fair, you can proceed to court. Your lawyer will present evidence and expert witnesses, while the defendants’ lawyers will try to discredit your case. Ultimately, the jury decides whether or not the defendants are negligent and if they owe you or your child damages.

How to File a Discrimination Charge or Lawsuit in South Carolina

South Carolina laws protect against employment, housing, and public accommodations discrimination. If your child has experienced discrimination in any of these areas, you will likely file a charge with the state’s Human Affairs Commission.

You may need to go to the U.S. Department of Education for education matters. In some situations, South Carolina law also allows you to file a civil lawsuit.

To file with the state’s Human Affairs Commission, you’ll complete an official form, and the Commission will investigate the incident. Alternatively, if both sides agree, you can forgo the investigation and participate in mediation to resolve the situation.

If this process fails and both parties don’t agree to participate, the investigation will proceed, and you may end up in a public hearing where a final determination will be made.

Hiring a Lawyer for the Cerebral Palsy Lawsuit Filing Process

You should never take on any of these legal actions without proper representation. Any type of lawsuit is complicated to file, but medical malpractice cases are particularly complex.

Make sure you have a South Carolina cerebral palsy lawyer to help you through the process without making mistakes and with the best chances of a successful outcome.

Check with the state bar association to find a lawyer or contact groups that advocate for disabled community members or local parents who also have disabled children.

These sources will help guide you to a lawyer with the right experience and area of specialty to help you and your child.

Don’t settle for a lawyer who has never handled a medical malpractice or discrimination case. Without the right lawyer, you risk not getting the best result for your child.

When you realize it’s time to file a lawsuit on behalf of your child with cerebral palsy, be ready for a long journey.

In South Carolina, as in other states, the filing process can be lengthy, complicated, and confusing. But if you are patient and have the right lawyer to guide your steps, the outcome will likely be in your favor.