This form is a sample personal injury complaint alleging that the negligent or deliberate acts of plaintiff's physical therapist while providing treatment to plaintiff caused plaintiff's injury.
South Carolina Second Amended Complaint - Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0296
Format:
Word;
Rich Text
Instant download
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How to fill out Second Amended Complaint - Improper Medical Treatment?
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FAQ
An amended pleading is a pleading that is entirely rewritten pertaining to matters of substance, and is used in place of, and supersedes the original pleading; an amended Complaint should be verified the same as the original Complaint and a Summons issued and served on un-served defendants, and time to answer or ...
Amend- ed pleadings allow the party to add claims, parties, or defenses based on facts that occurred before the original pleading was filed. Supplemental pleadings allow the party to add claims or defenses based on facts that occurred after the original plead- ing was filed.
South Carolina Code § 15-3-545 generally creates a three-year time limit to bring a legal claim for medical malpractice. However, the statute of limitations is two years for any medical institution funded by or in part by the state.
South Carolina's modified comparative negligence system has a 51 percent bar. This means that compensation is possible if the plaintiff had only 50 percent of the fault or less. If it reaches 51 percent or more, he or she can no longer receive any compensation.
Under South Carolina's modified comparative negligence law, plaintiffs are eligible to file a personal injury lawsuit if they are less than 51% responsible for an accident. As long as 51% of the accident's fault lies with the other party, then the other party will be liable.
If the health care professional is 60% at fault and the patient is 40% at fault, the patient will be awarded 60% of the damages. By far the most common calculation for damages is the ?modified comparative negligence? rule.
There are generally three types of comparative negligence: contributory negligence, pure comparative negligence, and modified comparative negligence.
Under a pure comparative fault law, even if victims hold 99 percent of the fault, they can still collect one percent of their damages. In a modified comparative state, victims would become ineligible to collect any damages once their fault hit a certain level; in some states it's 50 percent, in others it is 51.