If you’ve suffered an injury due to medical negligence, time is not on your side. South Carolina law sets strict deadlines for filing a medical malpractice claim. Missing these deadlines means losing your right to compensation forever. Understanding when you should file for medical malpractice in South Carolina protects your legal rights and holds healthcare providers accountable for their actions.
Why Choose Goings Law Firm, LLC
At Goings Law Firm, LLC, we understand South Carolina’s medical malpractice laws and the urgency of filing claims. Our team has helped Columbia residents work through pre-litigation requirements, statute of limitations rules, and filing deadlines. We focus on getting you answers quickly so you can make informed decisions about your claim. When you work with us, you get a team that knows South Carolina’s medical malpractice requirements thoroughly. Learn more about our medical malpractice attorneys and their experience handling complex medical negligence cases. Our lead attorney, Robert F. Goings, has been recognized as a Super Lawyer in South Carolina for his work in personal injury litigation.
Understanding South Carolina’s Statute of Limitations
The Three-Year Rule
In South Carolina, you generally have three years to file a medical malpractice claim. This three-year window starts from either the date the malpractice occurred or the date you discovered the injury—whichever comes later. This is called the “discovery rule,” and it’s important because many medical injuries aren’t immediately obvious. For example, if a surgeon left a surgical instrument inside your body during a 2022 procedure, but you didn’t discover it until 2024, your three-year clock starts in 2024, not 2022. According to the South Carolina Code of Laws § 15-3-545, this discovery rule provides critical protection for injured patients.
The Discovery Rule Exception
The discovery rule gives you extra protection if you didn’t know about your injury right away. Instead of the clock starting when the malpractice happened, it starts when you discovered the injury or reasonably should have discovered it. However, there’s a catch: even with the discovery rule, you cannot file a claim more than six years after the malpractice occurred. This six-year absolute cap applies no matter what. So if malpractice occurred in 2018, you must file by 2024, even if you just discovered the injury.
Special Circumstances That Affect Your Filing Deadline
South Carolina recognizes that not all medical malpractice cases are the same. The law includes special rules for certain situations.
If a surgeon left a foreign object inside your body, you have two years from discovery to file. However, you also have at least three years from the date of the procedure, whichever gives you more time. This rule protects patients who discover retained surgical instruments years after the initial procedure.
If you were a minor when the malpractice occurred, South Carolina law provides different protection. You have either seven years from the date of injury or one year after you turn 18 (age 19), whichever comes first. For example, if you were injured at age 10, you must file by age 17. If you were injured at age 17, you must file by age 19. Understanding these special circumstances in medical malpractice cases is critical for protecting your rights.
Claims against state-funded institutions follow a two-year deadline. Understanding which rules apply to your situation is essential. Having an experienced medical malpractice attorney makes a real difference in navigating these complex timelines.
Signs You May Have a Medical Malpractice Claim
Not every bad medical outcome is malpractice. To have a valid claim, a healthcare provider must have breached the standard of care that a reasonable provider would have given. Common signs you may have a claim include:
- Failure to diagnose or delayed diagnosis of a known condition
- Medication errors or prescribing the wrong medication
- Surgical errors or operating on the wrong body part
- Failure to monitor you properly after surgery
- Failure to follow up on test results or imaging
If you experienced one of these situations and suffered harm as a result, you may have grounds for a medical malpractice claim in South Carolina. Our attorneys have successfully recovered compensation for clients in cases involving surgical errors, medication mistakes, and diagnostic failures.
The Pre-Litigation Requirements Before Filing
Before you can file a lawsuit in South Carolina, you must complete several mandatory steps. Understanding these requirements is crucial to protecting your rights and ensuring your claim proceeds smoothly.
First, you file a Notice of Intent to File Suit with the healthcare provider and other defendants. Next, you need an expert affidavit—a statement from a medical professional confirming that the provider breached the standard of care. This affidavit must be filed at the same time as your Notice of Intent. These pre-litigation requirements are designed to encourage early settlement and reduce unnecessary litigation.
Then comes pre-suit mediation, which typically lasts 90 to 120 days. During this time, both sides try to reach a settlement. Only after these steps are complete can you actually file your lawsuit. These requirements exist to encourage early resolution, but they also mean you need to act quickly to preserve your rights. Learn more about what happens after mediation settlement to understand the next steps in your case. Understanding how mediation works can help you prepare for this critical phase.
Why Acting Quickly Matters
Even if you have years left on the statute of limitations, waiting to pursue your claim can hurt your case. Evidence can disappear, witnesses move away or forget details, and medical records can become harder to obtain. Additionally, the sooner you contact an attorney, the sooner we can begin gathering evidence and building your case. Acting quickly also means you’ll know your legal rights are being protected and that you’re taking steps toward compensation.
Goings Law Firm, LLC has recovered millions in settlements and verdicts for injured patients. Our team understands the urgency of medical malpractice claims and works diligently to preserve evidence and build strong cases. Contact us today to discuss your medical malpractice case.
Frequently Asked Questions
What counts as the “date of injury” for statute of limitations purposes?
The date of injury is typically when the malpractice occurred or when you discovered the injury, whichever is later. If you didn’t know about the injury immediately, the discovery rule protects you by starting the clock when you reasonably should have discovered it. This is why documenting when you first became aware of your injury is so important.
Can I file a claim if I discovered my injury years later?
Yes, as long as you file within three years of discovery and no more than six years after the malpractice occurred. The discovery rule gives you protection if the injury wasn’t immediately apparent. Many patients don’t realize they’ve been harmed by medical negligence until months or even years after the initial treatment.
What happens if I miss the statute of limitations deadline?
If you miss the deadline, your claim is barred, and you lose the right to sue. This is why it’s critical to act quickly and consult with an experienced medical malpractice attorney in South Carolina as soon as you suspect malpractice. Don’t let the statute of limitations expire on your claim.
Do I need an attorney to file a medical malpractice claim in South Carolina?
While you’re not legally required to have an attorney, the process is complex and involves mandatory pre-litigation steps. An experienced attorney can guide you through these requirements and protect your rights. Our medical malpractice attorneys in Columbia have the expertise to handle South Carolina’s complex medical malpractice laws.
How long does the pre-suit mediation process take?
Pre-suit mediation typically takes 90 to 120 days. During this time, both sides exchange information and attempt to reach a settlement before a lawsuit is filed. Understanding what to expect at mediation can help you prepare for this important process.
Take Action Today
If you believe you’ve been harmed by medical negligence, don’t wait. Contact Goings Law Firm, LLC at (803) 350-9230 to schedule a consultation. Our team of lawyers reviews your case, explains your rights, and helps you understand your legal options. Time is critical in medical malpractice claims, and we’re here to help you protect your legal rights. Our firm is ready to fight for the compensation you deserve.
