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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.

3 YEARS
Medical Malpractice · South Carolina
3 Years (6-yr repose)
✓ Verified Checked Sep 2026

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:

01 Surgical errors and wrong-site surgery
02 Misdiagnosis or delayed diagnosis
03 Medication errors and dosage mistakes
04 Birth injuries to mother or child
05 Anesthesia errors
06 Hospital-acquired infections from negligence
07 Failure to monitor or treat properly
08 Premature discharge causing harm
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Other Filing Deadlines in South Carolina

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed South Carolina attorney can tell you the deadline that applies to your situation.
See every filing deadline in South Carolina, or compare medical malpractice across all states.
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