Statute Of Limitations For Medical Malpractice In South Carolina

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

If you miss the filing deadline, you usually won’t be able to recover your losses. The claim will be dismissed.

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. This should not exceed six years from the date of the injury.

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.