Medical malpractice cases in South Carolina: the rules and the lawyers

Personal injury3 years (from discovery)

In South Carolina, an action for “any injury to the person or rights of another, not arising on contract and not enumerated by law” must be brought within three years2, running from when the person “knew or by the exercise of reasonable diligence should have known that he had a cause of action”4.

Claims against the State and local government (Tort Claims Act)2 years, or 3 after a verified claim

Under the South Carolina Tort Claims Act, an action is “forever barred” unless commenced within two years after the loss was or should have been discovered, or within three years if the claimant first filed a claim under the Act3. The same chapter covers claims against the State and against political subdivisions5.

Bar to recoveryBarred above 50%

In South Carolina, “a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant,” and the recovery is reduced in proportion to the plaintiff's negligence6.

Medical malpractice3 years; 6-year repose

In South Carolina, a medical-malpractice action must be commenced within three years from the treatment or from discovery, “not to exceed six years from date of occurrence”1. For minors, the period is not tolled for more than seven years on account of minority, “and in any case more than one year after the disability ceases”1.

Minors and persons under disabilityTolled; max 1 year after disability ends

In South Carolina, if the claimant is under eighteen or insane when the claim accrues, the disability is not counted, but the period cannot be extended “in any case longer than one year after the disability ceases”, and a disability other than infancy cannot extend it more than five years9. The tolling applies to Tort Claims Act actions too93.