How Long Do You Have to File a Medical Malpractice Lawsuit in South Carolina?

Filing a medical malpractice lawsuit in South Carolina requires adhering to specific time limits, known as the statute of limitations. Understanding these time frames is crucial for anyone considering legal action due to negligence in a medical setting.

In South Carolina, the general statute of limitations for medical malpractice cases is three years from the date of the alleged wrongful act or from the time the injury was discovered. This means that if a patient believes they have been harmed due to a healthcare provider's negligence, they must file a lawsuit within three years of the incident or discovery of the injury.

However, there are exceptions to this rule. For instance, if the injury is not immediately evident, the patient may be granted an extension, allowing them to file a lawsuit within three years of discovering the injury. This can sometimes complicate the timeline, so it’s important to consult with a legal professional promptly.

Additionally, if the patient is a minor under the age of 18 at the time of the alleged malpractice, the statute of limitations does not begin until they turn 18. This means that a minor has until their 21st birthday to initiate a lawsuit, providing an extended period for legal action.

It’s also noteworthy that South Carolina law mandates specific procedural requirements that must be fulfilled before filing a lawsuit. This includes obtaining an expert affidavit stating that there is a valid claim of malpractice. Failing to meet these pre-filing requirements can result in a lawsuit being dismissed, even if it’s filed within the statute of limitations.

Should you believe you have a case of medical malpractice, it is advisable to seek legal counsel as soon as possible. An attorney specializing in medical malpractice can help navigate the nuances of the law, ensuring that your case is filed within the appropriate time frame and meets all necessary criteria.

In conclusion, the time limit to file a medical malpractice lawsuit in South Carolina is generally three years, with certain exceptions for minors and situations involving delayed discovery of injury. Understanding these timelines is vital to protecting your legal rights and seeking justice for any medical negligence you may have suffered.