Medical malpractice claims can be complex and challenging to navigate, especially when it comes to understanding the laws that govern them. One of the most important aspects of a medical malpractice case is the statute of limitations. In South Carolina, the statute of limitations plays a crucial role in determining whether a victim can pursue a claim after suffering harm due to medical negligence. Knowing how these time limits work is essential for anyone considering filing a medical malpractice lawsuit. At, Christian & Christian Law , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Medical Malpractice in South Carolina
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide care that meets the accepted standard of practice. This can happen through a mistake, negligence, or omission that results in harm to the patient. Examples of medical malpractice can include surgical errors, misdiagnosis, improper treatment, or failure to diagnose a serious condition. Victims of medical malpractice may suffer from long-term injuries or complications that can drastically affect their quality of life. When this happens, they have the right to seek compensation for their injuries through a lawsuit.
What is the Statute of Limitations?
The statute of limitations refers to the time period during which a person must file a lawsuit. In the context of medical malpractice, it is the deadline by which a patient must initiate legal action against the healthcare provider responsible for their injury. If a claim is not filed within this time frame, the injured party may lose their right to pursue compensation, regardless of how strong their case may be. The statute of limitations is intended to ensure that legal claims are brought promptly, while evidence is still available and witnesses’ memories are fresh.
The Time Limit for Filing a Medical Malpractice Claim in South Carolina
In South Carolina, the statute of limitations for medical malpractice cases is generally set at three years from the date of the injury or when the injury should have been reasonably discovered. This means that once a patient knows or should have known about the harm they suffered due to medical negligence, they have three years to file their lawsuit. However, there are some exceptions and variations that can affect this time limit, depending on the circumstances of the case.
Founded in 1975, Christian & Christian has deep roots in the community. 
Only Serving People, Never Companies
The Discovery Rule and Its Impact
One important factor to consider in medical malpractice cases is the “discovery rule.” The discovery rule allows the statute of limitations to start when the injury is discovered, rather than when the malpractice occurred. This is especially important in cases where the harm caused by medical negligence is not immediately apparent. For example, if a surgeon leaves a foreign object inside a patient’s body during surgery, the patient may not realize it until months or even years later. In such cases, the three-year clock begins ticking from the time the injury is discovered, not from the date of the surgery.
However, even with the discovery rule, South Carolina places a cap on how long a victim can wait to file a claim. This is known as the statute of repose. Under the statute of repose, no medical malpractice claim can be filed more than six years after the actual date of the negligence, regardless of when the injury was discovered. This means that even if a patient doesn’t learn of the malpractice until after the six-year mark, they may not be able to pursue a lawsuit.
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need. I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally. My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance. I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
—Rob Young
—Rezillai Henderson
— Jen
— Lindsey
Exceptions to the General Time Limits
While the statute of limitations and the discovery rule cover most medical malpractice cases, there are some exceptions that can extend or shorten the time limit for filing a claim. One such exception involves cases where the injured party is a minor. In South Carolina, if a child under the age of 18 is harmed by medical malpractice, the statute of limitations does not begin to run until the child turns 18. This allows minors more time to file a lawsuit once they reach adulthood.
Another exception applies in cases where the healthcare provider intentionally conceals their wrongdoing. If it can be proven that the doctor or hospital took steps to hide the malpractice from the patient, the statute of limitations may be extended. However, this can be difficult to prove and requires a thorough investigation into the facts of the case.
In rare cases, the statute of limitations may also be tolled or paused. This can happen when the injured party is mentally incapacitated and unable to file a claim on their own. In such situations, the statute of limitations may not begin until the patient is no longer incapacitated or a legal guardian is appointed to act on their behalf.
Why the Statute of Limitations Matters
The statute of limitations is a critical aspect of any medical malpractice case. Filing a claim within the allowed time frame is essential for ensuring that victims have the opportunity to seek justice and compensation for their injuries. If a lawsuit is filed after the statute of limitations has expired, the court is likely to dismiss the case, leaving the victim with no legal recourse.
This is why it is important for victims of medical malpractice to act quickly and seek legal guidance as soon as they suspect that negligence has occurred. Waiting too long can jeopardize their ability to hold the responsible parties accountable and recover damages for medical expenses, lost wages, pain and suffering, and other losses.
Value of a Personal Injury Case Choosing a Personal Injury AttorneyRelated Videos
How to Protect Your Rights in a Medical Malpractice Case
If you believe you have been a victim of medical malpractice in South Carolina, there are steps you can take to protect your rights and ensure that your case is handled properly. First and foremost, it is important to gather any relevant medical records and documentation that can support your claim. This can include medical bills, test results, doctor’s notes, and any other information related to your treatment.
Next, it is essential to consult with an attorney who is familiar with medical malpractice laws in South Carolina. An attorney can review your case, explain the statute of limitations, and help you determine whether you have a valid claim. Additionally, they can guide you through the legal process and ensure that your lawsuit is filed within the appropriate time frame.
Filing a Medical Malpractice Claim in South Carolina
Once you have gathered the necessary evidence and consulted with an attorney, the next step is to file your medical malpractice claim. In South Carolina, this typically involves filing a complaint with the court that outlines the details of the negligence, the injuries sustained, and the damages being sought. Your attorney will help you draft this complaint and ensure that all required documents are submitted on time.
After the complaint is filed, the legal process may include a pre-trial investigation, depositions, and negotiations with the healthcare provider or their insurance company. In some cases, a settlement may be reached before the case goes to trial. However, if a settlement cannot be agreed upon, the case will proceed to trial, where a judge or jury will decide the outcome.
Verdicts & Settlements
The statute of limitations for medical malpractice in South Carolina is a crucial factor in any potential lawsuit. Understanding how these time limits work, as well as the exceptions that may apply, can make all the difference in the success of a case. Victims of medical malpractice need to be aware of their rights and act promptly to avoid losing their chance to seek justice and compensation.
If you or a loved one has been injured due to medical negligence, it is important to consult with an attorney as soon as possible to ensure that your case is filed within the appropriate time frame. Christian & Christian Law is here to help guide you through the legal process and fight for the compensation you deserve. Don’t wait until it is too late. Contact us today to discuss your case and learn more about how we can assist you.