Statute of Limitations for Medical Malpractice in South Carolina
We trust doctors and healthcare workers to provide competent and ethical medical care. But unfortunately, medical errors and negligence result in at least 250,000 patient deaths every year. Even more people are injured.
If you or a family member suffered injuries due to negligent medical treatment, you could have a valid medical malpractice claim in South Carolina. However, there is a time limit on how long you have to initiate legal proceedings against a healthcare provider or hospital. Fail to file by the deadline, and you could forfeit your right to compensation.
Below, the attorneys at Wilson Law Group, LLC explain the statute of limitations for medical malpractice in South Carolina. Contact us today for a free, confidential case evaluation.
What Is the Statute of Limitations for Medical Malpractice in SC?
In civil cases, the statute of limitations refers to the amount of time a person has to file a lawsuit against another party. The statutes of limitations vary from state to state, so it’s important to know which one applies to your medical malpractice case.
In South Carolina, the statute of limitations for medical malpractice is typically three years from the date of the procedure or treatment that resulted in your injury or three years from the date that the injury was initially discovered or reasonably should have been discovered. However, no medical malpractice lawsuit can be filed if more than six years have passed since the malpractice occurred, was discovered, or should have been discovered in South Carolina.
Types of Medical Malpractice
Medical malpractice occurs when a doctor or medical professional fails to uphold the normal standard of care expected of them. It can take a variety of forms. Some common types of medical negligence include:
- Surgical mistakes – Surgeons and other medical professionals in the operating room have a duty to protect you from injury. Some of the most common surgical mistakes include operating on the wrong part of the body, operating on the incorrect patient, leaving tools, sponges, gauze, or other surgical tools and devices inside the body during surgery, incorrect administration of anesthesia, adverse reactions to anesthesia, and neglecting to follow established protocols during the procedure.
- Birth injuries – Injuries that occur prior, during, or immediately following delivery can be incredibly traumatizing to mothers and infants. Some common causes of birth injuries include inadequate prenatal care, neglecting to deliver the baby via C-section if necessary, mishandling a newborn, and use of excessive force when guiding an infant out of the vaginal canal. If a baby is born with a congenital condition like Down syndrome and the parent was not informed of the condition beforehand, that could also constitute medical malpractice.
- Misdiagnosis – A misdiagnosis can occur if a doctor neglects to order the appropriate medical testing or notice the signs and symptoms of your illness, misplaces your test results, or mislabels your lab results, among other things. A correct diagnosis can save your life, and a misdiagnosis could end it, especially if you received unnecessary treatment or didn’t get the treatment you needed in time.
- Failure to treat – Failure to treat is another type of medical negligence. It can occur if a physician releases you from a hospital prematurely, neglects to inform you about necessary follow-up care, or fails to review your medical history before recommending a course of treatment. In these cases, physicians typically fail to provide patients with the proper care because they are dealing with too many patients at a given time. When a doctor is stretched too thin, they may neglect to treat some patients appropriately.
Can I Sue After the Statute of Limitations Expires?
In most cases, you cannot file a lawsuit for medical malpractice after the statute of limitations expires.
However, there are some exceptions. Most notably, if a foreign object such as a surgical tool or sponge was accidentally left in your body after a surgery, health complications may not arise for a long time. Even if you discover the foreign object many years down the road, you will be allowed to file a medical malpractice lawsuit two years from the date you found the injury.
Why You Should Talk to A Lawyer As Soon As Possible
If you suspect that you or a loved one is a victim of medical negligence, talk to a malpractice lawyer as soon as possible. Medical malpractice cases are highly complex. Powerful insurance companies protect doctors, so the sooner an attorney can get started on your case, the better.
The legal team at Wilson Law Group, LLC has the knowledge and resources to investigate the circumstances of your case, determine liability, and aggressively pursue the compensation you need to recover.
A successful medical malpractice claim could compensate you for a range of losses, including:
- Past, current, and future medical expenses
- Lost wages
- Reduced earning potential
- Pain and suffering, mental anguish, and loss of enjoyment of life
- Punitive damages, if appropriate
Though the law gives you three years to file a medical malpractice claim, that’s not an exceptionally long time. Your case will need strong evidence, and a lot of it. Consult with a South Carolina medical malpractice attorney immediately to give them plenty of time to craft a solid claim on your behalf.
Call Our SC Medical Malpractice Attorneys Today
It’s not always easy to tell whether you were the victim of medical malpractice. An adverse reaction does not necessarily mean that a healthcare provider was negligent. Because there are so many gray areas regarding medical negligence, it’s best to get legal advice from an accomplished medical malpractice lawyer.
At Wilson Law Group, LLC, our SC medical malpractice attorneys will review your case for free and determine your legal options. Contact us today to get started.