The Medical Malpractice Statute of Limitations in South Carolina

Medical malpractice cases involve instances of negligence by doctors, nurses, and hospital staff that endanger patients. This includes errors in diagnosis, issuing dangerous or unnecessary medication, or improperly performing surgery.

Victims of medical malpractice can pursue legal action against negligent professionals who caused their injuries. If a case is successful, hurt patients and their families can receive compensation for their medical bills, lost wages, and pain and suffering.

When deciding to sue someone for medical malpractice, complete evidence and timeliness are essential for building your case, and go together — filing a lawsuit sooner will help ensure that you have all of the proper evidence and documentation.

For this reason, statutes of limitations are in place as a legal requirement for timely filing. A statute of limitations outlines a deadline for pursuing a medical malpractice case.

South Carolina Medical Malpractice Statute of Limitations

In South Carolina, the general statute of limitations for medical malpractice claims is three years. A plaintiff must file a claim within three years of the day the medical malpractice occurred, “or when it reasonably ought to have been discovered,” says the state law.

There is an upper limit of six years for filing. After six years, a medical malpractice case will no longer be legally viable.

Exceptions to South Carolina’s Filing Deadline

If a medical malpractice case involves a foreign object (such as surgery tools) left in the body, the statute of limitations is two years. There is little exception to the six-year rule in South Carolina medical malpractice law, but these types of cases are one departure.

Any attempts to file a medical malpractice lawsuit in South Carolina over six years after the incident, aside from the foreign object exception, will most likely be denied. If you suspect that an injury was caused by medical malpractice, it is important to be aware of these laws to successfully file a claim and secure the compensation you deserve.