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Understanding the Statute of Limitations on Medical Malpractice in SC

The Law Office of Tyler Rody understands the challenges that individuals face when dealing with medical malpractice issues - including the statute of limitations and how an experienced medical malpractice lawyer can help you get the compensation you deserve.

June 10, 2024

If you or a loved one is dealing with medical malpractice issues, you need to be aware of the statute of limitations that could impact your case. The Law Office of Tyler Rody understands the challenges that individuals face when dealing with medical malpractice issues - including the statute of limitations and how an experienced medical malpractice lawyer can help you get the compensation you deserve. 

What is the Statute of Limitations on Medical Malpractice in South Carolina?

In South Carolina, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date of the injury or the date the injury was discovered, with a maximum limit of six years from the date the malpractice occurred. However, there are exceptions to this rule, especially in cases involving minors or cases where the malpractice was fraudulently concealed.

The statute of limitations against some hospitals and doctors is 2 years if they are a public facility or associated with the government. 

It’s important to consult with a skilled Spartanburg medical malpractice lawyer to determine the specific time limits that apply to your case. Missing the filing deadline can result in the dismissal of your claim, so it's crucial to take action promptly.

Why You Need a Qualified Spartanburg Medical Malpractice Lawyer

Navigating a medical malpractice case can be overwhelming, especially when dealing with the intricacies of the legal system. A knowledgeable Spartanburg medical malpractice lawyer can help you understand your rights, gather evidence, and advocate for your best interests throughout the legal process. The longer you wait, the closer the statute of limitations gets. Delaying the start of your case could result in:

Loss of Evidence: As time passes, evidence related to the medical malpractice incident may become harder to obtain or may deteriorate. Medical records, witness testimonies, and other crucial evidence could be lost, making it more challenging for the plaintiff to prove their case.

Memory Fades: This can affect the accuracy and reliability of testimonies, making it more difficult to establish the details of the malpractice incident and the extent of the harm suffered.

Weakened Negotiating Position: Defendants and their insurers may be less inclined to negotiate a settlement or may offer lower settlement amounts, hoping that the plaintiff will be forced to accept due to the statute of limitations. 

Legal Barriers to Filing: Once the statute of limitations expires, the plaintiff is generally barred from filing a lawsuit, regardless of the merits of their case. This can be particularly frustrating if the plaintiff was unaware of their rights or unable to pursue legal action within the prescribed time frame due to factors such as health issues or lack of legal counsel.

Don’t let the statute of limitations prevent you from seeking justice for medical malpractice. Contact us today to schedule a consultation and learn more about how we can help you pursue the compensation you deserve.

How Our Law Firm Can Help

When you choose the Law Office of Tyler Rody to represent you in your medical malpractice case, you can rest assured that you are in capable hands. Our experienced team will conduct a thorough investigation into your case, consult with medical experts, and work diligently to build a strong legal strategy on your behalf.

We have a proven track record of success in handling medical malpractice cases. Our team is dedicated to providing compassionate legal representation while fighting for your future. 

Now’s the Time

If you or a loved one has been a victim of medical malpractice in Spartanburg, SC, don’t wait until it’s too late. Contact the Law Office of Tyler Rody today to schedule a consultation with a skilled Spartanburg medical malpractice lawyer, because serious cases deserve serious attention.

Tyler Rody

Tyler Rody

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