South Carolina Medical Malpractice Deadlines: Statute of Limitations and the NIA Process
South Carolina medical malpractice cases involve strict deadlines, an expert affidavit, and a Notice of Intent. Here is how the timeline works.
Medical malpractice is one of the most procedurally demanding areas of South Carolina civil litigation. Even strong cases die when patients miss the statute of limitations or skip the pre-suit Notice of Intent process. Anyone hurt by negligent care at a Charleston, Mount Pleasant, or Lowcountry hospital should understand the timeline early.
The Three-Year Statute of Limitations
Under S.C. Code § 15-3-545, a medical malpractice action generally must be filed within three years of the act or omission — or, in cases where the injury could not reasonably have been discovered right away, within three years of when the patient knew or should have known of the injury. The discovery rule is narrow and well-litigated; courts do not extend it just because a patient did not understand the medical significance of a problem.
The Six-Year Statute of Repose
Layered on top of the three-year limitations period is a six-year statute of repose. With a few narrow exceptions (foreign objects left in the body, intentional concealment, claims involving minors), no medical malpractice case can be brought more than six years after the act or omission, regardless of when the injury was discovered. Miss the repose deadline and the case is dead on arrival.
The Notice of Intent and Expert Affidavit
Before filing suit, S.C. Code § 15-79-125 requires a Notice of Intent to File Suit (NIA) with an expert affidavit setting out at least one negligent act or omission and stating the factual basis. The defendants then have a chance to participate in pre-suit mediation. This NIA process is jurisdictional — courts have repeatedly dismissed cases for failing to comply.
Why Charleston Patients Should Move Quickly
Medical records take time to obtain, qualified experts take time to retain, and litigation deadlines start running before a patient may even fully appreciate the injury. The earlier an attorney can review the records, identify the standard-of-care issue, and start the NIA process, the better the chances of beating both the limitations and repose clocks.
How Traywick Law Helps
Our office regularly represents clients across Charleston, Mount Pleasant, and the Lowcountry on issues like these. Learn more about our Charleston medical injury practice, or visit the main Traywick Legal Blog for additional case analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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