In Detail

Damages

Time Limitations

FAQs

Medical Malpractice

Time Limitations
WARNING: The time limitations for bringing a lawsuit vary widely with the type of case, whether the case is brought against a government agency, and the particular facts of your case. What follows is not intended , nor can it be relied upon , as advice for your particular case.

In General
As in every other kind of civil claim or lawsuit, there is a time period within which a lawsuit must be filed. Failure to file within that time period means that the case will be forever barred, and you will never receive compensation for your loss. This is known as the statute of limitations. Typically, the statute of limitations begins to run when a person knew or should know he has a claim.

Claims Against Non-Governmental Defendants
If a foreign object or apparatus was negligently left in the body, the statute of limitations is two years from the date of discovery, or when it should have been discovered. HOWEVER, the limitation in no event shall be less than three years after the placement or leaving of the object or apparatus.

If the case does not involve such an object or apparatus, the statute of limitations is three years from the date of discovery of the malpractice, NOT TO EXCEED six years from the date of the occurrence.

In the case of a minor, or insane person or a prisoner, the time period may be extended. However, in the case of a minor, the limitation cannot be extended greater than seven years. For example: if a six year old child is injured by a negligent doctor, his lawsuit must be filed within ten years, seven years of extension plus three years for the statute of limitations.

Claims Against Agencies of South Carolina
The statute of limitations is two years from the time the person knew or should have known he had a claim or cause of action, unless he filed a verified claim within one year of the discovery of the claim. If a verified claim is filed with the state agency within one year of the date the person knew or should have known he had a claim the statute of limitations is extended to three years. Suit must be filed within the statute of limitations or your claim is forever barred.

Claims Against Federal Agencies
Claims against the Federal Government must be presented in writing within two years after the claim accrues and suit must be filed within six months after the date of mailing, by certified or registered mail of the notice of final denial of the claim. A cause of action "accrues" against a federal agency when the injured party learns of his injury's existence and cause. Federal courts do not allow a waiver of the statute of limitations due to a persons age of minority, imprisonment, or insanity. Failure to meet these requirements for a federal claim will result in your claim being forever barred.
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