Supreme Court Rules in Favor of Medical Malpractice Victim

Judgment DayThe Supreme Court will allow a South Carolina woman to proceed with her medical malpractice lawsuit, even after it was thrown out by a circuit court judge in 2012.

The victim claims she was injured in 2008 during a medical procedure at East Cooper Regional Medical Center in Charleston County. A circuit court judge dismissed the woman’s first civil suit in 2012, ruling that the case was barred by South Carolina’s statute of limitations for medical malpractice cases.

What Is a Statute of Limitations?

A statute of limitations is a timeframe allowing victims to file a civil lawsuit, so they can be handled in a timely manner. Malpractice lawsuits must generally be filed for three years after the initial injury (two years if the defendant is a government entity or employee), but patients must meet several conditions during that period.

A South Carolina law requires victims of medical malpractice to file a notice of “intent to sue” before the deadline, providing an extra 45 days to get an affidavit from a medical expert and file the suit. The victim argued that the law was poorly worded, however, causing her to miss the deadline.  Despite her late filing, the South Carolina Supreme Court ruling allowed her case proceed. Several courts have made the same ruling in similar cases, choosing to “permit medical malpractice cases to proceed [based on] merits” rather than “technical noncompliance.”

Medical malpractice lawsuits can be complicated. For your best chance to win, you need an experienced attorney who is willing to make your case a priority.  Proffitt & Cox has years of experience representing the victims of medical malpractice. Our experienced attorneys can help you build the strongest case possible, so schedule your free consultation today.  We handle medical malpractice cases on a contingency fee basis, meaning that you are not charged any attorneys fees unless we succeed in obtaining compensation for you.

Proffitt & Cox, LLP – Columbia Injury Lawyer


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