§ 27-29 Medical Malpractice - Discovery Rule - Statute of Limitations

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 27-29 Medical Malpractice - Discovery Rule - Statute of Limitations

Section 15-3-545 of the South Carolina Code provides:

(A) In any action, other than actions controlled by subsection (B), to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health care provider... acting within the scope of his profession must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence .
(B) When the action is for damages arising out of the placement and inadvertent, accidental, or unintentional leaving of a foreign object in the body or person of anyone or the negligent placement of any appliance or apparatus in or upon any such person by any licensed health care provider acting within the scope of his profession by reason of any medical, surgical, or dental treatment or operation, the action must be commenced within two years from date of discovery or when it reasonably ought to have been discovered; provided, that, in no event shall there be a limitation on the commencement of the action less than three years after the placement or leaving of the appliance or apparatus.

Under the discovery rule, the statute of limitations for medical malpractice actions does not run from...