Understanding Medical Malpractice in South Carolina

South Carolina law carefully defines medical malpractice and sets specific timeframes for filing lawsuits related to such claims. This blog post explores those time limits and defines key terms found in the South Carolina Code of Laws, particularly Title 15, Chapter 79, which deals with medical malpractice actions.

Statute of Limitations

The statute of limitations for filing a medical malpractice lawsuit in South Carolina is generally three years from the date of the act or omission that caused the injury, or from the date the injury reasonably should have been discovered. However, there are exceptions and important nuances to this rule:

• Six-Year Cap: Regardless of when an injury is discovered, a lawsuit cannot be filed more than six years after the date of the act or omission.
• Discovery Rule: The three-year timeframe may be extended if the patient’s injury was not immediately apparent. In such cases, the clock starts when the injury was or should have been discovered.
• Foreign Objects: If a foreign object is left in a patient’s body, the time limit to file a claim is two years from the date of discovery or when it should have been discovered, but no more than three years from the incident.
• Minors: For patients under 18 at the time of the medical negligence, the time limit may be paused for up to seven years or up to one year after the minor turns 18.
• State-Funded Institutions: The statute of limitations is two years to pursue a medical malpractice claim against state-funded medical institutions as well as medical providers employed by a state institution.  

Consequences of Missing Deadlines

Failing to meet these deadlines can have serious consequences and may result in the court dismissing your medical malpractice lawsuit.  Medical malpractice cases require substantial investigation and work by a medical malpractice attorney prior to filing a claim.  It is important that a patient contacts a medical malpractice attorney as soon as there is a concern that they may have been harmed as the result of medical negligence so that there is proper time to investigate and prepare.  

Key Definitions

The South Carolina Code of Laws provides defines specific terms related to medical malpractice, including:

• Medical Malpractice: Medical malpractice is doing something that a reasonably prudent healthcare provider or institution wouldn’t do, or not doing something they would do in similar circumstances.
• Health Care Provider: This encompasses a wide range of licensed professionals including physicians, surgeons, osteopaths, nurses, dentists, pharmacists, chiropractors, optometrists, and podiatrists. It also includes healthcare practices, partnerships, and other legal entities providing healthcare.
• Health Care Institution: This term covers various facilities such as ambulatory surgical facilities, hospitals, institutional general infirmaries, nursing homes, and renal dialysis facilities. Each of these institutions is further defined in the law.

Pre-Litigation Requirements

South Carolina law has a unique procedure for pursuing professional negligence claims.  Before filing a medical malpractice lawsuit, South Carolina law mandates certain steps:

• Notice of Intent to File Suit: A patient must file notice of intent papers and an expert witness affidavit as a prerequisite to filing a medical malpractice lawsuit.  
• Mediation: Within 90 to 120 days of serving the Notice of Intent on the defendant medical providers, parties are required to participate in a pre-suit mediation.

Seeking Legal Counsel

Given the complexities of these laws and procedures, consulting with an experienced medical malpractice attorney is crucial. An attorney can help determine if you have a valid claim, guide you through the pre-litigation requirements, and protect your rights throughout the legal process.

If you or a loved one has been affected by medical malpractice, you don’t have to face it alone. Contact Duffy & Young today to speak with an experienced Medical Malpractice Attorney.

Disclaimer – 

The information on this blog is for general informational purposes only and does not constitute professional advice. We do our best to provide accurate content, but we make no warranties about its completeness or reliability. Use the information at your own risk, and consult a professional for specific advice.