Most often when people hear or read about medical malpractice incidents, they have happened in the setting of a doctor's office or a hospital. This is understandable, as the kinds of medical mistakes that can take place at these locations, such as a misdiagnosis or a surgical error, tend to make the news more often than other forms of medical malpractice.
In South Carolina as well as elsewhere in the United States, if a hospital patient is injured as a result of a negligent action or failure to act on the part of a doctor then a claim for medical malpractice may ensue.
When we read news stories about medical mistakes, surgical errors or negligent behavior on the part of a healthcare provider, it is often in the context of a very specific incident. One person may have been the victim of a surgical error or a doctor may have routinely neglected to conduct adequate examinations.
Medical malpractice claims are based in the concept of negligence, and under many circumstances lawsuits that allege negligence are not based on statutory law passed by the legislature.