Medical Malpractice in SC: How Long Do You Have to File Before It’s Too Late?

Video Transcript

In South Carolina, the statute of limitations is usually three years, meaning your claim will be barred if you fail to file it within three years of the date of injury. However, if the claim is against the state or an arm of the state, that is shortened to two years, which is what would apply in any claim against the state hospital. In the medical malpractice context, this question can get particularly challenging because of something called the discovery rule.

The law says the statute begins to run on the day you discovered the injury, meaning you knew or should have known you were injured, even if you did not yet know the full extent of the reason for your injury.

If you think you may have a medical malpractice claim, do not delay in speaking with an attorney. Once the statute of limitations has run, you will not be able to recover for your injuries, regardless of how severe they are.