Medical malpractice or professional negligence is the failure of a health care provider to render care in keeping with good and accepted medical techniques or principles. This occurs when a physician, nurse or technician does something that should not have been done in keeping with good practice or fails to do something that should have been done in their care of the patient.

When a patient is injured due to the medical negligence, the patient can bring suit. If the injuries are severe, permanent or disabling, members of the patient's family such as their spouse, children or parents may also have a claim. If someone dies as a result of medical negligence, the patient's family may sue under the South Carolina Wrongful Death Statute.

South Carolina has a three-year statute of limitations in medical negligence cases. Generally, this means that the lawsuit must be brought within three years from the date of the conduct that the patient claims caused their injury. Because patients sometimes cannot know when they have become a victim of medical negligence, some states recognize a "discovery rule" which gives the patient additional time to file suit. South Carolina has a "modified discover rule", stating if the patient discovers the malpractice more than three years after the negligence occurred, the patient has a "reasonable time" within which to sue. However, this is not to exceed six years.