What Are The South Carolina Medical Malpractice Statute Of Limitations?
If you or a loved one has been injured or made disabled by a medical professional, you should know the South Carolina medical malpractice statute of limitations to ensure your case is considered in a timely manner in the event you are entitled to compensation.
When there is a breach of the standard of care by a medical professional that results in injury or illness to a patient, this is malpractice. In other words, medical malpractice is when negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.
It is imperative to file as soon as possible to allow time to build a case since there is a limited amount of time due to statutes of limitations outlined for pursuing a medical malpractice case.
Medical Malpractice Statute Of Limitations In South Carolina
In South Carolina, the general statute of limitations for medical malpractice claims may be as short as two or three years from the day the alleged malpractice occurred, “or when it reasonably ought to have been discovered.” says the state law. There is an upper limit of six years for filing but after six years, a medical malpractice case will no longer be legally viable.
Reasons for filing a malpractice suit could include:
- Failure to diagnose a serious condition – if a doctor or technician fails to diagnose a fractured ankle during an emergency room visit. As a result, the patient could lose mobility in the affected area and/or face a lifetime of chronic pain. Furthermore, failing to diagnose a serious disease can cause severe illness or death.
- Surgical errors – such as mistakes can range from operating on the wrong body part, to leaving a medical device in the body after a procedure, to failing to provide adequate post-surgical care. In addition, unsanitary conditions can cause serious infections.
- Incorrect treatment of a medical condition – where a patient may experience deadly consequences when a physician provides the wrong treatment of a critical illness or injury. This also applies to doctors who fail to provide treatment for a patient’s condition.
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In addition, a birth injury can result when a doctor or technician makes an error during pregnancy, labor and/or delivery. The most common birth injury is cerebral palsy, which may result when a newborn is deprived of oxygen during the birth process. Other mistakes that may cause birth injuries are improper monitoring or failing to perform a C-section when necessary.
Many malpractice claims involve medications. Errors in prescribing or administering medication can have serious results. The wrong dosage may be prescribed or the wrong medication given in a hospital setting for instance.. In addition, a pharmacist may misread a prescription and provide the wrong medication to the patient.
These are just a few examples of reasons for pursuing legal action against a professional deemed guilty of malpractice. Victims and their families could receive compensation for medical bills, lost wages and possibly pain and suffering. In cases where life-long injury may result, this compensation may be the only lifeline for those now unable to work or even care for themselves throughout the rest of their lives.
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In South Carolina, mediation must be done before a medical malpractice suit goes to trial. The Anastopoulo Law Firm will represent you during the mediation process and the trial itself. Call the us at (800) 313-2546 today if you feel you or a loved one has been injured by a medical error.
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