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How Long Do You Have to Sue for Medical Malpractice in South Carolina?
Medical malpractice relates to medical professionals who fail to abide by the protocols that other reasonably prudent healthcare providers would have employed under similar circumstances, and the resulting damages can be immense. To recover compensation for your full range of losses in a medical malpractice case, you must file your claim within the time constraint set by the state’s statute of limitations, which is a brief three years in South Carolina. If you believe you or someone you care about is the victim of medical malpractice, an experienced Charleston medical malpractice attorney can help.
Medical Malpractice
In South Carolina, medical malpractice refers to either doing something that other reasonably prudent medical providers or healthcare facilities wouldn’t do or failing to do something that other reasonably prudent medical providers or healthcare facilities would do under the same or similar circumstances. In other words, medical malpractice refers to deviating from the standard practices established by the healthcare industry. Those harmed by medical malpractice have the right to seek damages for their covered losses in medical malpractice lawsuits, which generally must be filed within three years of the underlying incidents.
The Statute of Limitations in South Carolina
It’s important to point out that medical malpractice claims are complex matters that involve exacting medical information and can take a significant amount of time to effectively resolve. While the statute of limitations in South Carolina is three years, it’s not a lot of time in relation to the legal work ahead, and consulting with a focused medical malpractice attorney sooner rather than later is always advised.
Exceptions to the Rule
There are exceptions to the three-year statute of limitations for medical malpractice in South Carolina that it’s helpful to know. To begin, if the medical facility in question is funded either in full or in part by the state, the time limit is reduced to just two years from the injury-causing incident. Further, the three-year limit isn’t triggered immediately in instances like the following:
- The patient was a minor at the time of the incident.
- The patient wasn’t aware that they’d been harmed by medical malpractice – and couldn’t reasonably have been aware of this fact – until a later date.
- A foreign object was left in the patient’s body, which is a health concern that can take time to identify.
Due Diligence on Your Part
If you had no way of reasonably knowing that you were injured by medical malpractice until time had passed since its occurrence, the statute of limitations could be extended. It’s important to note, however, that victims like you are required to exercise due diligence, and ignoring the warning signs of medical malpractice could limit the legal protections available to you.
Speak to an Experienced Charleston Medical Malpractice Attorney Today
The savvy medical malpractice attorneys at Parham Smith & Archenhold – proudly serving Charleston, South Carolina – appreciate how profoundly your life can be affected by medical malpractice and have the experience, resources, and drive to help. Learn more by contacting us online or calling 864-301-8767 today.