How Long Do I Have to File a Medical Malpractice Lawsuit?
As patients, we rely on doctors to diagnose and treat our condition, giving them our complete trust. Unfortunately, to err is human, and practitioners are no exception. The statistics are somewhat jarring. Last year, over 350 adverse action reports were filed against practitioners in South Carolina alone.
Whether it be due to an overwhelmed system, a misdiagnosis, or a medication error, medical malpractice cases are happening at an alarming rate. If you believe you were the subject of medical negligence, you only have three years to file a claim. While you may feel anxious, our medical malpractice lawyers in Charleston, SC, are here to assist you.
What is Medical Malpractice?
A physician, nurse, or other health care professional commits medical malpractice when he or she fails to meet the standard of care expected in the provider’s respective field. Not every bad outcome constitutes medical malpractice. In some cases, a physician may perform his or her due diligence only to have a patient succumb to a complication or post-operative infection.
Medical malpractice takes many forms. Common examples of medical malpractice include:
- Failure to diagnose or a delay in diagnosing a life-threatening condition
- Medication errors, including prescribing the wrong medication or incorrect dosage
- Failure to monitor a patient for post-operative infections
- Surgical errors, such as operating on the wrong body part, leaving a surgical instrument behind, or damaging a healthy organ during an operation
- A nurse’s failure to assist a patient promptly
Statute of Limitations for Medical Malpractice
If you were injured by a physician’s medical error in South Carolina, in most cases, you will only have three years to act. This limitation period starts at the time of the incident. If you decide to pursue your injury, settling with insurance is less of a hassle, giving you the compensation you need while saving you time and money. However, if the insurance company does not offer fair compensation, you may need to consider litigation.
What if I Discover My Injury Later?
Medical errors are not always obvious, with some patients not experiencing discomfort or symptoms until several weeks or months have passed. If you do not discover your ailment or condition until later, the statute of limitations will be extended. Known as the discovery rule, you will have three years from when you discovered or should have become aware of your injuries.
However, under SC Code §15-3-545 (B), you will only have two years to take legal action if a surgical instrument or other “foreign object” is inadvertently left behind following surgery. Regardless of the date of discovery, you must initiate legal action within six years.
Even if you believe you have run out of time, a Charleston, SC, medical malpractice lawyer can review your case to determine if any exceptions apply. Medical malpractice suits are complicated, requiring extensive documentation, including medical imaging, laboratory test results, and doctor’s notes. In working with our legal team, you will have someone who understands the complexities of malpractice law, streamlining the process.
Speak with Our Medical Malpractice Attorneys in Charleston, SC, Today
A medical malpractice case can be time-consuming, expensive, and stressful. Nobody wants to be put through the ordeal of going to court and then being denied fair compensation. If you have suffered a medical condition due to a physician or healthcare staff’s carelessness, our medical malpractice lawyers in Charleston want to speak with you. To schedule your free consultation, contact us online or by phone today.