Raleigh, NC: (919) 277-9299
Who Is Liable for Medical Malpractice?
Medical malpractice lawsuits typically commence by naming doctors or surgeons as the primary defendants, as they bear legal responsibility for delivering safe and competent care. To establish that a doctor committed medical malpractice, one must provide evidence demonstrating a departure from established protocols or inappropriate actions concerning the accepted standard of care. Furthermore, plaintiffs must establish a link between this negligence and the resulting harm or the exacerbation of a pre-existing condition, leading to additional damages. Depending on the particulars of the case, it may also be feasible to hold other parties responsible if they can be shown to have contributed to the negligence in a discernible manner.
How Long Do I Have to File a Medical Malpractice Lawsuit in South Carolina?
Navigating the timelines for initiating a medical malpractice claim can be intricate, particularly because the harm caused by a healthcare professional’s negligence may not be immediately evident. When it’s clear that you sustained injuries due to medical malpractice, the typical timeframe to file a lawsuit in South Carolina is three years from the date of the procedure or the negligent act. However, if the claim involves a medical institution receiving any form of funding from local, state, or federal government sources, the window to commence the legal process is reduced to two years.
When medical malpractice cases involve misdiagnosis, failure to treat, or inadequate treatment, the resulting consequences might not become apparent until several years following the occurrence of negligence. In such situations, South Carolina’s discovery rule becomes relevant, affording you a three-year window from the date you discovered or should have reasonably discovered your injuries to initiate a medical malpractice claim. However, it’s crucial to note that a six-year statute of repose is also in effect, signifying that your ability to file a lawsuit is extinguished after six years from the date of the negligent act, irrespective of when harm is uncovered.
If you’ve suffered from medical malpractice, it’s crucial not to delay in seeking legal representation. Filing a claim before the statute of limitations expires is essential to preserve your right to seek damages. We are here to assist you in ensuring your lawsuit is initiated promptly and will vigorously advocate for your compensation, including medical expenses, lost income, pain and suffering, and other losses. Don’t hesitate; reach out to us today.