torts_W1_DQ2

Discussion Question 2: Torts and Medical Malpractice

Research medical malpractice laws in your state and answer the following questions:

• How is medical malpractice defined in your state? Give an example of a recent case from your state. Use the state of South Carolina for this assignment.
• What is the statute of limitations for medical malpractice claims?
• Does your state limit damages? Are punitive damages allowed?
• What limits, if any, are there on attorney’s fees?
• Are there special restrictions on expert witness testimony for medical malpractice?
• Are the parties required to submit to alternative dispute resolution (ADR) before a hearing is scheduled?
• Do you think injured defendants should be required to submit to ADR? Why or why not