What Is the Statute of Limitations for Medical Malpractice in South Carolina?
In South Carolina, the statute of limitations for medical malpractice is generally 3 years under S.C. Code § 15-3-545.
Medical malpractice Deadlines in South Carolina
How long do you have to file a medical malpractice claim in South Carolina?
In South Carolina, the statute of limitations for medical malpractice is generally 3 years under S.C. Code § 15-3-545. The full rule is: 3 Years (6-yr repose).
When does the clock start for medical malpractice in South Carolina?
Three years from the act or from discovery, subject to a six-year statute of repose from the date of the act.
Can the South Carolina deadline for medical malpractice be extended?
Section 15-3-535 expressly excepts § 15-3-545 claims, so medical malpractice runs on its own version of the discovery rule. A notice of intent to file and expert affidavit are required.
Is the deadline different if the claim is against the government in South Carolina?
Often, yes. Verified claim within 1 year; suit within 2 years under S.C. Code §§ 15-78-80, 15-78-110. Under the South Carolina Tort Claims Act, a claimant who files a verified claim within one year gets two years from the date of loss to bring suit; a claimant who does not file a verified claim gets only two years, and the Act's own limitations provision in §…
How does South Carolina compare to other states for medical malpractice?
South Carolina's 3 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in South Carolina:
