If you or a loved one has been harmed due to medical malpractice in South Carolina, prompt action is crucial. South Carolina enforces a strict filing deadline, leaving minimal opportunity for extensions. If you fail to file your claim within the statute of limitations, you forfeit the right to seek damages. Please continue reading to learn how long you typically have to file a medical malpractice claim in South Carolina and how a dedicated Chesterfield County Medical Malpractice Lawyer can help you fight for the justice you deserve.
What is the Statute of Limitations for Medical Malpractice Claims in South Carolina?
Under South Carolina Code § 15-3-545, claimants generally have to file a medical malpractice claim within three years of the treatment, omission, or operation that caused the harm, or three years from the date you discovered, or reasonably should have discovered, the harm. It should be noted, however, that if the injury is obvious, the clock will start ticking immediately. If symptoms don’t manifest right away or a misdiagnosis remains hidden, the discovery rule could push back the start date of your filing window.
Furthermore, the state doesn’t allow claims to be filed more than six years from the date of the negligent act, irrespective of when the injury was uncovered. The South Carolina Supreme Court maintains a strict six-year statute of repose that cannot be extended under any circumstances.
Unlike other jurisdictions, South Carolina doesn’t provide claimants with additional time because you are still seeing the same doctor for the same ailment. South Carolina courts stick strictly to the six-year limit for every individual error, so don’t wait to take action. The state also requires specific procedural steps before a lawsuit can proceed, including a Notice of Intent to File Suit served on each defendant and undergoing mandatory mediation.
Is There a Special Rule for Foreign Object Cases?
If your malpractice claim involves a surgical instrument or object being mistakenly left inside your body, there is a different timeline. The claim must be filed within two years of discovering the foreign object. Regardless of when the discovery occurs, you are also assured a minimum filing period of three years from the date the object was originally left.
Is There a Shorter Deadline for Government Defendants?
When a medical provider is a government agency or state-owned facility, the timeline for filing is typically restricted to two years, significantly shorter than the standard three-year limit. Unfortunately, it’s easy to overlook this, so it’s vital to confirm whether your care was provided by a public entity.
Medical malpractice cases are complex. If you believe you have been harmed due to a healthcare provider’s negligence, it’s in your best interest to connect with an attorney from the Cockrell Law Firm, P.C. Contact our firm today to schedule a consultation to discuss your legal options.