Health & Medical in South Carolina
Key South Carolina Law
South Carolina Code of Laws Section 15-3-545
South Carolina requires medical malpractice claims to be filed within three years of the discovery of the injury, or within three years of when the injury should have been discovered, under S.C. Code Ann. § 15-3-545, with a six-year absolute repose period.
View official statuteProcedural Details in South Carolina
South Carolina Agencies & Resources
South Carolina Board of Medical Examiners
Licenses and disciplines physicians in South Carolina; investigates professional conduct complaints.
South Carolina Department of Health and Human Services
Oversees hospital licensing and patient safety in South Carolina.
South Carolina Department of Insurance
Regulates health insurance and handles consumer complaints in South Carolina.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in South Carolina?
S.C. Code § 15-3-545 provides three years from discovery, with a six-year absolute repose period. A 90-day pre-suit notice with an expert affidavit must be served on each defendant before filing under § 15-79-125.
Does South Carolina require pre-suit notice and an expert affidavit?
Yes. Under S.C. Code § 15-79-125, at least 90 days before filing a malpractice lawsuit, plaintiffs must serve a notice of intent on each defendant accompanied by an expert affidavit from a qualifying health care provider. Missing this requirement may affect the case.
Does South Carolina cap non-economic damages in malpractice?
South Carolina does not have a statutory cap on non-economic damages in medical malpractice cases. Juries determine the full amount of compensation for pain, suffering, and other non-economic losses. Economic damages are also uncapped.
How do I file a complaint against a doctor in South Carolina?
Complaints against physicians may be filed with the South Carolina Board of Medical Examiners through the Department of Labor, Licensing and Regulation at llr.sc.gov/med. The Board investigates and may impose conditions, suspension, or revocation. Board proceedings are separate from civil litigation.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in South Carolina?
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