We place our trust in doctors and healthcare professionals regarding our most valuable asset: our health. Sadly, not every medical provider approaches their responsibilities with the same level of seriousness, leading to harmful and potentially fatal injuries to their patients.
If you have suffered due to medical malpractice, it’s essential to have a legal team that can navigate the evidence and the parties involved. Our lawyers have been holding healthcare providers accountable for many years and can assist you in overcoming the obstacles in your case. We will promptly determine how much time you have to file your lawsuit. If you did not discover the malpractice until later, we can advocate that this elapsed time should not be counted against you, giving you additional time to obtain the compensation you are entitled to.
To receive a free, private case review, call our medical malpractice attorneys at Rice Law today at (803) 219-4906.
How Long Medical Malpractice Victims Have to File a Lawsuit in Greenville, SC
One of the most critical aspects of a medical malpractice lawsuit in Greenville is understanding the time limits for filing. This is particularly important, as medical malpractice claims are some of the most complex within personal injury law and often require extensive preparation time. Unfortunately, South Carolina’s statute of limitations only allows victims a narrow window of three years to file a lawsuit, as outlined in S.C. Code Ann. § 15-3-545(A).
Depending on your situation, this limitation period will start running either from the date your treatment inured you or the date you discovered the malpractice, which could be much later. However, you could forfeit your right to seek compensation if you miss this deadline.
Therefore, you should contact our medical malpractice attorneys as soon as possible so we can gather the evidence we need to file and start your claim. We can gather the remaining evidence we need after your lawsuit is filed. While the statute of limitations is strict, we can assess whether any exceptions apply to your case, giving you more time to submit your claim. Below are the specific circumstances where it would be unjust to deny a medical malpractice victim the chance to recover compensation:
Exception for Malpractice Discovered Later
Depending on your situation, this limitation period will start running either from the date your treatment inured you or the date you discovered the malpractice, which could be much later. The date of discovery refers to when you first became aware that you were injured as a result of malpractice. After all, medical treatments and diagnoses are often quite complex, so a victim might not know they were injured until obvious harm is noticed.
For instance, certain types of medical malpractice can remain undetected, such as when a physician overlooks a diagnosis they should have recognized, causing the patient to think they are healthy. Or, your physician diagnosed the issue correctly but then mismanaged your treatment without you being aware of the damage. Fortunately, you typically will not be penalized for the time if you cannot reasonably discover the malpractice in a timely manner. According to the statute above, you have three years to file once you discover or reasonably should have discovered the negligence.
The court assesses what is “reasonable” when deciding whether this exception applies. If you did not get a second opinion or let the condition linger, the court could decide a reasonable person would have discovered it sooner since it is potentially life-threatening. Thus, you should speak with our attorneys first before deciding that this exception applies to your situation.
Exception for Foreign Objects in the Body
In cases where damages arise from the unintentional placement or accidental leaving of a foreign object inside a person’s body or from improper placement of any appliance or apparatus by a healthcare provider acting within their professional capacity during any type of medical, surgical, or dental treatment, the victim’s lawsuit must be filed within two years, according to § 15-3-545(B). As discussed above, this limitations period begins from the date the foreign object is discovered or when it should have reasonably been discovered.
It is important to note that all medical malpractice cases have a final statute of limitations of six years, regardless of when the negligence was discovered or ought to have been discovered.
Exception for Minors Injured by Medical Malpractice
Under § 15-3-545(D), minors are subject to different time limits regarding medical malpractice claims. If the plaintiff is a minor when the malpractice occurs, the statute of limitations can be extended for a maximum of seven years. Furthermore, this period can also be extended for up to one year after the individual reaches the age of majority if the minor’s parents do not file on their behalf during their childhood. In cases where the minor’s parents, guardians, insurer, or healthcare provider engage in fraudulent behavior that hinders the minor from filing a claim, the time limit will also be extended.
Proving a Medical Malpractice Claim in Greenville, SC
According to § 15-36-100, plaintiffs must file an affidavit from an expert competent to testify for claims of professional negligence against licensed medical professionals. The affidavit must set forth at least one specific negligent act or omission and the factual basis for the claim along with the complaint. A “competent” expert means a licensed professional in the same medical field as the defendants in your case with similar training, education, and experience levels. Our team will arrange for an expert witness to provide a report that explains where the defendant deviated from the accepted standard of care.
Pathology reports and diagnostic imaging techniques, including X-rays, MRIs, CT scans, and ultrasounds, can also offer objective evidence regarding a patient’s health status and any existing abnormalities. As such, these documents may be utilized to support or challenge a healthcare provider’s diagnosis, treatment choices, or surgical results.
Contact Our Greenville, SC Medical Malpractice Lawyers Today for Help
To receive a free and confidential case assessment from our medical malpractice lawyers, call us at Rice Law at (803) 219-4906.