Like other civil lawsuits, you only have a limited period of time to file a lawsuit against a doctor, hospital or other medical practitioner if you or someone you love received an injury due to a medical error, including negligence. At Rikard & Protopapas, our medical malpractice attorneys in Columbia, SC can help you learn more about the South Carolina medical malpractice statute of limitations.
Medical Malpractice Defined
Medical malpractice occurs when a medical practitioner fails to provide you with the care you need. Typically, this involves falling short of the established standard of care. These errors are often preventable. They may include any of the following:
- Lack of, delayed or missed diagnosis
- Not ordering the right medical tests
- Surgery errors
- Errors during the delivery of a baby
- Anesthesia errors
Doctors, nurses, anesthesiologists, surgeons, ophthalmologists, physical therapists, physicians’ assistants, dentists, general practitioners or any other person who serves in a medical capacity can commit medical malpractice.
South Carolina Medical Malpractice Statute of Limitations Law (S.C. Code § 15-3-545)
The SC medical malpractice statute of limitations is in Title 15, Chapter 3, Section 15-3-545. This law states that you can recover damages, or money, for an injury you received during a dental, medical or surgical procedure as well as any omission of information from a medical professional as a result of negligence or failure to provide the required duty of care.
The statute of limitations law states that you have three years from the date of your procedure or the date you realized that you received an injury to file a lawsuit in most cases. However, the state sets a maximum of six years from the date of the procedure or occurrence that caused the injury. If the defendant is a governmental entity or a hospital owned by a governmental entity, you will only have two years to file your lawsuit.
The statute discusses injuries that were the result of accidental or unintentional actions, such as accidentally leaving something in you during a surgical procedure, which requires you to file within two years of discovery. This statute also covers several exceptions, such as discovery and minority extensions.
Can You Sue After the Statute of Limitations?
In general, you cannot sue after the three-year statute of limitations has passed. In most cases, you simply cannot file your lawsuit. However, if you file a suit, the defense will likely ask for a dismissal. However, a few limitations apply. Although you may receive an extension, you still have a filing deadline.
The discovery exception to the statute of limitations
You may not realize that you received an injury during your medical treatment for quite some time afterward. For example, if your surgeon leaves a foreign body in you during surgery, it may not cause issues for several years. In this case, you can receive an extension of the South Carolina medical malpractice statute of limitations to three years from the date of the discovery to file your claim or up to a total of six years from when the incident occurred.
Minority exception to the South Carolina medical malpractice statute of limitations
If you were a minor when the medical procedure occurred, you can extend your statute of limitations for medical malpractice in South Carolina. For example, if you were 16, you have until three years from your 18th birthday to file your lawsuit. However, this extension is only up to seven years.
In addition, if you overcome your disability, you only have one year to file your lawsuit. However, if fraud occurred, whether on the part of your healthcare practitioner or insurer, in collusion with your parent or guardian to not file a lawsuit, the courts may extend your statute of limitations.
Exception for something left inside the body
Another exception is when a medical professional leaves something inside your body during treatment. In this case, you have two years to file your lawsuit from the date you should have discovered or did discover the object. However, you need to file within three years of the incident’s occurrence.
Requirements of a Medical Malpractice Case
In addition to adhering to the South Carolina medical malpractice statute of limitations, you need to have rather technical evidence to prove an error occurred. You also need medical experts to verify your claim and interpret your medical results.
Many cases require an independent review of your medical records to determine where the incident occurred and if it caused your injury. The review also considers the degree of risk associated with your medical procedures. The results should show that your medical provider did not provide a reasonable level of treatment based on what others in their field would have done. Unfortunately, it can take time to review your medical records and identify what happened to cause your injury.
Fortunately, you do not need a certificate of merit, but this evidence can help your case.
Recoverable Damages in Medical Malpractice Lawsuits in South Carolina
When you file your lawsuit, you may ask for several types of damages in addition to the cost of the medical care you had to pursue to recover from the injury. These include damages for the following:
- Pain and suffering
- Emotional distress or mental suffering
- Enjoyment of life challenges
- Physical disfigurement or disability
- Loss of income in the past and future
You could also recover any travel expenses you incurred as a result of your treatments as well as any medical or nursing care you need in your home. You should receive compensation for your rehabilitation, physical therapy and assistive devices.
If someone you love died as a result of a medical malpractice injury, you can also receive burial and funeral expenses, loss of income or financial contributions, loss of companionship and loss of domestic contributions compensation. You may even obtain the damages your loved one would have received if they had lived and filed the lawsuit themselves.
Get a Free South Carolina Medical Malpractice Case Review
In 2022, 1,080 individuals in South Carolina submitted malpractice reports. You are not alone in your fight. If you or your family have received an injury due to a medical mishap, don’t wait to contact us. At Rikard & Protopapas, you can get in touch with us by phone at 803-978-6111 or online.
Even if you think your case falls under one of the exceptions, it is best to seek guidance right away. Our attorneys can review your case. We can also guide you through the South Carolina medical malpractice statute of limitations and help you build your case effectively.