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Personal Injury Law Blog

Know about the medical malpractice statute of limitations

When you suffer harm because your doctor made an error, you might decide that you are going to take action. This is a big decision that can impact your future. You should be prepared to get moving quickly because there are strict time limits in medical malpractice cases.

In South Carolina, most medical malpractices cases must be filed in three years from the incident. There are some exceptions to this rule that you should know about if you are planning a case.

One exception is when you didn’t know that you were harmed right away. In this case, you would have three years from the manifestation of the symptoms, but there could only be six years that have elapsed from the date of the error.

Another exception is if the victim was a child. In this case, the statute of limitations is tolled at seven years or one year after the child turns 18.

As you can see, the circumstances of the case determine how long you have to file your claim. While you might want to take a “wait and see” approach so you can determine how much the error has impacted your life, this typically isn’t a good idea. Instead, you should start working on your case quickly so that you have at least the bones of the case in motion while you determine the full extent of your injuries.

There are a lot of variables that come into the picture in a medical malpractice lawsuit. Understanding what variables are present in your case might help as you plan your claim for compensation.

Source: FindLaw, “Time Limit Considerations in Medical Malpractice Claims,” accessed June 09, 2017