Statute Of Limitations For Medical Malpractice In South Carolina

What Qualifies as Medical Malpractice in South Carolina?

Medical malpractice is a form of medical negligence. Contrary to what many people believe, a medical error is not automatically malpractice. Malpractice happens when a doctor, nurse or other medical professional fails to deliver the accepted standard of care, and the patient suffers harm as a result.

Medical malpractice cases are complex and highly individualized. However, these situations commonly lead to malpractice cases:

• Ignoring or misinterpreting lab results
• Failing to diagnose a serious illness that a competent professional would have
• Major surgical errors (like performing surgery on the wrong limb)
• Disregarding important patient history (like medication allergies)

Failing to deliver the standard of care alone is not enough for a medical malpractice case. Malpractice cases generally include these key elements:

1. The Practitioner Violated the Standard of Care

If a practitioner makes an error that most competent professionals with similar training would not have, they most likely have violated the standard of care.

2. That Violation Led to Injuries

A patient must be able to prove that their injury (or other negative outcome) happened as a direct result of the medical practitioner’s negligence.

3. The Patient Has Significant Damages to Collect

Medical malpractice litigation can be costly. To have a viable case, the patient must have very significant damages. These might include high medical bills, disability, extreme pain and loss of earning potential.

What Is the Statute of Limitations on Medical Malpractice in South Carolina?

The statute of limitations for malpractice in South Carolina is generally three years from the date of the negligent conduct.

If You Miss the Filing Deadline: What It Means

Missing the filing deadline comes with serious consequences:

• The court will have no discretion to hear your claim (even if it has merit).
• You permanently forfeit all rights to compensation.
• The defendant will likely file a motion to dismiss the case, and the motion will likely be granted.

To avoid accidentally missing the deadline, you should consult an attorney as soon as you reasonably can. Malpractice cases are complex, and medical malpractice lawyers may need to take several months to investigate.

Evidence is harder to uncover as more time passes, so the sooner you talk to a lawyer, the easier it will be to investigate your case.

Discovery Rule: When the Clock Starts After You Learn of the Injury

In instances when you don’t immediately learn that you suffered an injury because of medical malpractice, you will have three years from when you discover or should have discovered the harm.

The Six-Year Maximum Deadline (Statute of Repose)

South Carolina has a six-year statute of repose for medical malpractice claims. This statute sets an absolute deadline of six years from the practitioner’s harmful conduct.

The statute of repose overrides the discovery rule. You have three years from the discovery of the harm to take legal action, but once six years have passed since the harmful act, you’ll be barred from filing a lawsuit.

There are very rare exceptions to the statute of repose. Generally, the only way you can sue for malpractice afterwards is if the practitioner intentionally concealed the harm or committed fraud.

Foreign Object Left in the Body: Special Filing Window

If a foreign object was left in the body, you will only have two years from the occurrence to begin a claim.

Minors: Tolling and Special Time Limits

The statute of limitations for medical malpractice in South Carolina involving minors begins when the person turns 18. They will then have one year to file.

Summary of South Carolina Statute-of-Limitations Exceptions

For minors, the statute of limitations for medical malpractice can be extended until their 19th birthday. It can also be extended for those with mental or physical disabilities, running only when the disability ends. If there was fraudulent concealment on the part of the defendant, that can also toll the timeline.

If an injury isn’t discovered until two or more years after the malpractice occurs, the plaintiff has one year to file from the date of the discovery.

Certificate of Merit Requirements and How to Get One

In South Carolina, you must file a certificate of merit along with your claim. You can get one of these affidavits with help from a medical professional in the same field as the defendant. This expert must state that your claim has merit.

How a Lawyer Helps You Meet the Deadline

A lawyer will know exactly how much time you have to file a claim and work to prepare the paperwork and the evidence efficiently. Because they know how to handle these procedures, the process can be much faster.

If you’ve suffered because of medical malpractice, hiring an attorney is essential. At ConsumerShield, we can connect you with a skilled lawyer in your area. Contact us to learn more about our services.