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Generally speaking, the statute of limitations for filing a medical malpractice lawsuit in South Carolina is three years from the date of the procedure that caused the injury or from the date when the injury was discovered or should have been discovered.
Negligence, you may take legal action in the form of a medical malpractice lawsuit against the liable medical professional or hospital. These are highly complex cases, and it's important that you work with a qualified North Carolina emergency room error lawyer to increase the chance of a favorable outcome.
See N.C.G.S. 1-15(c). Simply stated, the statute of limitations is three years from the last act or omission of the attorney giving rise to the cause of action. Under the statute of repose, no claim may be asserted more than four years after the attorney's last act or omission that gives rise to the cause of action.
Negligence is the most commonly encountered tort for all health professionals. Damage is death; or physical and/or pathological and/or psychiatric injury that a nurse's negligence has on the patient.
Medical malpractice is the failure to provide an acceptable level of care and the patient experiences harm as a result. For example, a doctor not ordering an expensive diagnostic test because the patient was uninsured which caused a misdiagnosis or a delay in treatment is malpractice.
For negligence cases, such as medical malpractice, the statute of limitations in North Carolina is generally three years from the date of injury. For cases involving wrongful death, the statute of limitations in North Carolina is two years from the date of death.
Answer. If the negligence of a health care provider or health care professional causes significant damage, permanent damage, or even death, you may have a malpractice claim and may be able to sue the provider and/or the facility where you or your loved one received care.
9(j) of the North Carolina Rules of Civil Procedure to require medical malpractice complaints to include an assertion that the ?medical care? was reviewed by a qualified professional willing to testify that the acts or omissions fell below the standard of care.