Medical Malpractice Lawyer Information in Greenville, SC

Medical malpractice is a specialized type of personal-injury case involving medical, surgical, or dental treatment, omission, or operation by a licensed health-care provider acting within the scope of that profession. This page summarizes official time limits. It does not evaluate any provider, hospital, or course of treatment, and it is not medical or legal advice.

Special limitations periods

S.C. Code Ann. § 15-3-545(A) provides that, in any action other than those controlled by subsection (B), an action to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health-care provider (as defined in Article 5, Chapter 79, Title 38) acting within the scope of the profession must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action, or three years from the date of discovery or when it reasonably ought to have been discovered, not to exceed six years from the date of occurrence, or as tolled by that section.

Section 15-3-545(B) addresses actions arising out of the placement and inadvertent, accidental, or unintentional leaving of a foreign object in the body, or the negligent placement of an appliance or apparatus, by a licensed health-care provider acting within the scope of the profession. Those actions must be commenced within two years from the date of discovery or when it reasonably ought to have been discovered, provided that in no event shall there be a limitation on commencement of the action less than three years after the placement or leaving of the appliance or apparatus.

Subsection (D) contains additional rules when the injured person was under the age of majority at the date of the treatment, omission, or operation, including a limit on how long minority can toll the period, with a fraud-or-collusion exception described in the statute.

South Carolina also has pre-suit procedures for medical-malpractice cases in Title 15, Chapter 79. This site does not walk readers through filing a lawsuit or a notice of intent. A licensed attorney would have to evaluate those requirements.

Related situations

Injuries in a long-term care setting are also discussed on the nursing home abuse page. A death may involve wrongful death statutes in addition to, or instead of, § 15-3-545.