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

How Long Do I Have to File a Medical Malpractice Lawsuit in South Carolina?
Insights Med. Malpractice Jan. 15 3 min read

According to the South Carolina statute of limitations, a person must file a medical malpractice lawsuit three years from the time of their injury. While there are exceptions to this rule (for instance, if the medical malpractice error wasn’t discovered until after the injury occurred), most cases will need to be filed within this three-year timeline. 

Missing critical deadlines will affect your ability to receive a fair recovery for your injuries which is why hiring an experienced medical malpractice attorney is so crucial. An attorney will ensure you hit all of your filing deadlines and guide you through the legal process so that you receive the compensation you deserve. 

What is the Statute of Limitations?

Each state has a specific time limit which plaintiffs must file their lawsuits within, which varies depending on the type of claim being filed (i.e., medical malpractice, personal injury, etc.). This time limit is referred to as the statute of limitations law, and any case filed after the statute of limitations will be ineligible for litigation or compensation. For South Carolina, the time limit for a medical malpractice case is three years.

However, in some rare instances, a potential plaintiff may not realize that they were injured or that their injury resulted from medical malpractice until some time after the actual act occurred. South Carolina law accounts for these instances and has a clause that states that the time frame to file a malpractice suit should begin at the time a malpractice error should have reasonably been discovered. 

According to South Carolina law, this time frame must still be filed no later than six years from the original medical malpractice incident, regardless of whether or not the patient was aware of its occurrence at the time.

Filing a Notice of Intent in a Medical Malpractice Case

To be able to file a lawsuit, a plaintiff must first file the appropriate paperwork before proceeding. This includes providing a formal notice of intent to the court, which names each party the plaintiff intends to sue. This notice should also list the reasons for the suit and the desired outcome. 

In addition to listing the parties involved, the notice must have an affidavit from a medical expert describing how the defendant’s negligent actions caused the plaintiff’s injuries. After both the affidavit and the notice of intent are filed, the statute of limitations is paused while the plaintiff and the defense come together to mediate a potential settlement. If an agreement is not reached, the case must proceed to the courtroom within three to four months of filing the notice of intent.

When to Hire a Medical Malpractice Attorney

If you suspect you have a substantial medical malpractice claim, it’s vital to contact a medical malpractice attorney as soon as possible. Because of how essential filing the necessary paperwork is within the appropriate time frame, hiring an attorney in the primary stages of your claim will ensure you meet all your filing deadlines. 

Furthermore, hiring a legal professional will help you avoid making potentially incriminating statements to the defendant’s insurance provider. An attorney will protect your case and ensure that you avoid making any statements that may compromise the value of your case. 

Conclusion

The most important step you can take in the course of your case is to seek legal representation as early into your suit as possible. If you’ve been the victim of medical malpractice, it’s never too early to seek legal help. Hiring a lawyer will ensure you don’t miss out on filing your notice of intent and expert witness affidavit within South Carolina’s statute of limitations.

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The information we provide does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. No attorney-client relationship is established when you submit the form, and you are under no obligation to retain an attorney who may contact you through this service. All claim reviews will be performed by a third-party attorney.