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Medical Malpractice Attorneys in Charleston, SC

Charleston is a regional medical center, and even here surgical mistakes and delayed diagnoses harm patients. A South Carolina-licensed medical malpractice attorney handling Charleston County cases will review your records for free.

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A South Carolina attorney will take a look. Or call 1-833-WELEGAL.

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How we match your Charleston medical malpractice case

When you submit a Charleston medical malpractice matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

  1. Case type

    A medical malpractice matter needs someone who handles medical malpractice work day to day, not a generalist. Practice area is the first filter.

  2. Size and complexity

    Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

  3. Jurisdiction and licensing

    Your matter is decided under South Carolina law, so it goes to an attorney licensed in South Carolina who regularly appears where your case would be heard.

  4. Capacity and fit

    Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Medical Malpractice cases in Charleston

More about legal help in Charleston

Charleston is the Lowcountry's medical hub, anchored by the MUSC campus downtown and hospitals and specialty clinics spread across West Ashley, Mount Pleasant, and North Charleston, drawing patients from across coastal South Carolina. Malpractice claims are filed in the Charleston County Court of Common Pleas, and South Carolina requires pre-suit steps including a notice of intent and an expert affidavit before a case can proceed, so records and a qualified reviewing physician matter early. Care that crossed county lines to Summerville or Beaufort can shift where suit belongs. DearLegal matches you with a South Carolina-licensed attorney who handles medical malpractice cases in Charleston, with a free review.

  • Medical malpractice suits arising in Charleston are filed in the Charleston County Court of Common Pleas.
  • South Carolina requires pre-suit notice and a supporting expert affidavit, so an early records review is essential.
  • Treatment received in Dorchester or Berkeley County may belong in that county's Court of Common Pleas instead.

South Carolina medical malpractice rules at a glance

Charleston cases run under South Carolina law. The full walkthrough — timeline, when to call, case types, and what a recovery can include — is on the South Carolina page.

Read the full South Carolina medical malpractice guide →
Statute of Limitations

3 years

3 years from discovery (S.C. Code § 15-3-545); minor tolling applies

Statute of Repose

6 years

6 years from the act or omission (S.C. Code § 15-3-545); foreign-object and concealment exceptions apply

Non-Economic Damages Cap

$510k

Indexed annually — approximately $510,000 per defendant / $1,550,000 aggregate (multiple defendants) in 2024 (S.C. Code § 15-32-220)

Pre-Suit Requirements

90-day Notice

90-day Notice of Intent to File Suit with affidavit of expert witness under S.C. Code § 15-79-125; mandatory mediation often follows

Tort Claims Act

$300k

MUSC Health and other state-affiliated providers fall under the S.C. Tort Claims Act (S.C. Code § 15-78-10 et seq.) with $300,000 per person / $600,000 per occurrence caps

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

Exhibit D

How much do Charleston medical malpractice attorneys cost?

Sample settlement statement

South Carolina · Medical Malpractice

Recovery$100,000
Attorney fee · 33%− $33,000
Case costs (advanced by firm)repaid at the end
To you$67,000
Due today$0
$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most South Carolina medical malpractice attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

South Carolina does not statutorily cap medical malpractice contingency fees in most cases (court approval applies for minor settlements). Typical fees range from 33% pre-suit to 40% at trial. Expert affidavit, mediation, and depositions push case-cost advances to $50,000–$200,000 in serious cases.

A good attorney walks through every number at your free consultation — before you sign anything.

Start my free case reviewTakes about two minutes. No obligation.

Exhibit F

Charleston medical malpractice questions, answered

Still unsure? Tell us what happened and a South Carolina attorney will review it for free.

Cases tied to care delivered in Charleston generally go to the Charleston County Court of Common Pleas. If the treatment happened at a facility in Dorchester, Berkeley, or another county, venue may shift there. An attorney will confirm the right court based on where the provider practiced and where you were treated.
South Carolina generally requires a notice of intent and an affidavit from a qualified expert before a malpractice case moves forward. That means someone in the same field must review your records and identify a departure from accepted care. An attorney arranges that review as part of evaluating whether a claim is viable.
South Carolina sets filing deadlines that vary depending on the type of claim, when the harm was discovered, and whether a public hospital is involved. Missing one ends the case no matter how strong the medicine looks. Have a South Carolina attorney confirm your exact deadline as early as possible.
A provider breaches the standard of care of a reasonably skilled provider in the same field, and the breach causes injury. Expert testimony is required.
S.C. Code § 15-32-220 caps non-economic damages at approximately $510,000 per defendant and $1,550,000 aggregate against multiple defendants in 2024, indexed annually. Economic damages are uncapped.

Medical Malpractice attorneys by city in South Carolina

Same South Carolina rules and the same attorneys — with what’s local to each city.

Other case types in Charleston

All Charleston practice areas →