How Long Do You Have to Sue for Medical Malpractice in SC?
SC law sets a time limit for anyone who wants to sue for medical malpractice. This is known as the statute of limitations. Under the law, you can sue for medical malpractice within three years of:
- The treatment, operation, or omission date that caused you to file your claim.
- Discovering the medical error or when you should have reasonably discovered the error that led to your claim.
However, there’s also the statute of repose, which is six years from the date you were injured due to medical malpractice. This is the maximum deadline you can sue for malpractice.
Sounds confusing? The law always is. In addition, it isn’t easy to determine whether you have a valid claim. That’s why it’s in your best interest to talk to a Charleston medical malpractice lawyer immediately if you suspect you have a valid malpractice case.
Understanding How the Medical Malpractice Statute of Limitations in Charleston, SC, May Apply to Your Case
Only an experienced Charleston, SC, medical malpractice attorney can accurately determine the statute of limitations that will apply to your case. In general, however, after three or six years from the date you were injured due to the defendant’s medical error, you will lose your legal right to sue them. This applies even if you could not have known or did not know the defendant injured you within that time frame.
However, the statute of limitations is shorter in cases that involve a defendant unintentionally or accidentally leaving a sponge, medical instrument, or another foreign object inside the injured victim’s body. With this type of medical error, the injured victim only has two years from the discovery date of the foreign object to sue the defendant, and the longer time limit of six years will not apply.
So, what happens if you try to sue the defendant after the statute of limitations has lapsed? Unfortunately, the defendant will ask the judge to dismiss your case, and the judge will refuse to hear your case. This means you will not recover anything from the defendant. That’s why you need to act quickly and ensure you sue the liable party before the statute of limitations expires.
This is especially true if you or a loved one has suffered a catastrophic injury that could change the course of your life permanently due to medical malpractice. On top of the physical pain and emotional challenges, you may also have to suffer years of lifelong medical care and expenses, lost income, and mental disturbances. These challenges may also affect your entire family.
Let Our Charleston Medical Malpractice Attorney Get the Justice You Deserve
When you suffer life-altering injuries because of a medical practitioner or entity’s negligence, you deserve a seasoned Charleston, SC, medical malpractice attorney who will fight fervently for you and your family’s future. Learn how our Charleston, SC, medical malpractice attorney at Parham Smith & Archenhold LLC can serve you by scheduling your complimentary case review by phone at 864-242-9008 or filling out our online contact form.