Knowing that you may have a claim for medical malpractice is one thing. But what is next? Can you just retain an attorney and file a lawsuit right away? According to South Carolina law, the answer to that question is "Not so fast."
Before you can file a lawsuit for medical malpractice, South Carolina law requires you to participate in a form of mandatory alternative dispute resolution. So before you can file a lawsuit, you will need to file a notice of intent to file one. At that point you will have a limited period, generally 90 days, but it can be extended for a limited time, to participate in a mandatory mediation conference.