South Carolina Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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FAQ
In South Carolina, when filing a legal malpractice lawsuit, the plaintiff-client must include an affidavit from a legal industry expert expressing the opinion that the lawyer's conduct fell below the standard for the legal industry.
Generally speaking, the statute of limitations for filing a medical malpractice lawsuit in South Carolina is three years from the date of the procedure that caused the injury or from the date when the injury was discovered or should have been discovered.
On average, a medical malpractice case will take about two to five years to be completed. In more complex cases, and in cases with the chance for a higher settlement, expect the process to take longer. A few of the factors that can influence the timeline of your case are: The timing and location of the breach of care.
See N.C.G.S. 1-15(c). Simply stated, the statute of limitations is three years from the last act or omission of the attorney giving rise to the cause of action. Under the statute of repose, no claim may be asserted more than four years after the attorney's last act or omission that gives rise to the cause of action.
Three of the most common defense strategies in medical malpractice cases are: rejection of expert testimony. reduction or elimination of damages, and. absence of causation.
How long do I have to file a medical malpractice case in South Carolina? The law in South Carolina mandates that an action for personal injury must be filed within three years from the date the cause of action accrues.
Limits on damages in South Carolina medical malpractice claims vary. The lowest limit is $300,000 per occurrence. In some circumstances, there is a limit only on non-economic damages of $1.05 million, adjusted for inflation, while economic damages are unlimited.
Under the South Carolina Code of Laws Section 15-3-545, you have 3 years from the date of the negligent act or from the date you reasonably should have discovered that you were injured by the negligent act to file a medical malpractice lawsuit.