Medical Malpractice Statute of Limitations

If you are seeking compensation after a malpractice injury, make sure you file a claim before the medical malpractice statute of limitations expires. Call us today.

Question:

How long do I have to file a medical malpractice claim in North Augusta?

Answer:

Medical Malpractice Statute of LimitationsWe were recently contacted by a man from South Carolina who was the victim of medical malpractice. One of his first questions was regarding how much time he had to bring a lawsuit against the hospital for the medical malpractice. In South Carolina, medical malpractice is treated similarly to other personal injury cases in the sense that you have three years to file a lawsuit resulting from the negligence of a doctor, nurse, or hospital in any type of medical malpractice context.

In South Carolina, however, there is also a rule called the discovery rule. That means that the statute of limitations technically does not start to run until you knew or should have known of the medical malpractice itself. This is because, often, in medical malpractice cases, the malpractice itself doesn’t manifest until months or sometimes years later. That’s the reason that the discovery rule is there. It allows the person to bring the claim within three years of the date that they are deemed to have actually known or that they should have known that there was actual malpractice.

Additionally, in South Carolina, no matter what, there is a statute of repose. The statute of repose is actually a cut-off. No matter what, you cannot bring a malpractice case in South Carolina more than six years after the last occurrence of the actual malpractice. Also, in South Carolina, the way they interpret that is that, often, particularly in terms of misdiagnosis case, there might be many different occurrences that give rise to the malpractice. If you’re treating with a doctor on a regular basis, there might be many different occurrences, so, typically, that statute of repose is measured from that last occurrence.

In any event, I think that it’s important for anyone who has been the victim of medical malpractice to go ahead and, as soon as possible, contact an attorney. Find a medical malpractice attorney who is a trial attorney, who has experience in prosecuting medical malpractice cases, an attorney who will work with you and guide you through the process of presenting the claim and going through the litigation process, if necessary.

If anyone out there has been the victim of medical malpractice, please give us a call. We’d be more than happy to answer any questions you might have.


Were you or a loved one seriously injured due to hospital negligence and have questions about the medical malpractice statute of limitations? Contact the experienced North Augusta medical malpractice lawyers at Nimmons Malchow Johnson today for a free consultation and case evaluation.

We can help get your life back on track.

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