Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

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Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements. The limitation periods are extended for claimants who are under the age of eighteen or of unsound mind. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Notwithstanding the above, in general, a medical malpractice action for personal injury or wrongful death must be commenced within three years of the date of occurrence or the date when the occurrence should have been discovered, but never more than six years from the date of the occurrence. Foreign object cases may be brought within two years from the date of discovery.

Other South Carolina Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed … More
Q: Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: Signing a consent form in and of itself does not waive your rights. It is possible that the consent form does not contain all of the relevant information that it … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: As a victim of medical malpractice, you can sue for your injuries and all of the direct consequences of those injuries. Actual damages refers to the amount of money it … More
Q: How Can I Determine How Much My Claim Is Worth?
A: Attorneys are prohibited from promising that they will obtain a certain amount of money for you. For purposes of settlement, a claim is valued upon an estimate of what … More