South Carolina medical malpractice deadlines: how long you have to act.

In South Carolina, a medical malpractice lawsuit generally must be started within 3 years from the date of the treatment, omission, or operation, or 3 years from when the injury was discovered or reasonably ought to have been discovered. Either way, it generally can’t be started more than 6 years after the date of occurrence (S.C. Code § 15-3-545(A)).

The main special rules:

• Foreign objects: a claim about an object left in the body, or a device negligently placed, has its own discovery-based limit.
• Children: the deadline can be paused for a minor, but only for a limited time.
• Notice first: before a lawsuit is filed, a Notice of Intent to File Suit and an expert’s affidavit are filed, and the parties go to mediation.
• Other rules: deaths, state and local government providers, and federal facilities have their own deadlines.

These are general rules, not legal advice. Deadlines depend on the exact facts, so talk with an attorney licensed in South Carolina about your dates.

South Carolina’s medical malpractice statute gives two starting points. The 3 years run from the date of the treatment, omission, or operation that led to the claim, or from the date of discovery or when it reasonably ought to have been discovered (§ 15-3-545(A)).

That second starting point matters because many medical problems don’t show up right away. A missed diagnosis may only come to light when another doctor finds it, and a surgical problem may take months to appear. Exactly when something “reasonably ought to have been discovered” is often disputed.

Don’t assume the clock started late. Write down when the care happened and when you first learned something may have gone wrong, and give both dates to an attorney licensed in South Carolina.

Even when a problem is found late, the statute sets a ceiling: the time to sue is “not to exceed six years from date of occurrence,” unless the time is tolled under the same section (§ 15-3-545(A)). The tolling rules in that section concern minors, covered below.

So an injury discovered 5 years after the care may leave only about a year to act, and one discovered after 6 years may already be too late. How the 6 years are counted in a particular case is a question for an attorney.

A separate rule covers a foreign object, such as a sponge or an instrument, that was placed and unintentionally left in the body, and the negligent placement of an appliance or apparatus in or on a patient. That claim generally must be started within 2 years from when the object was discovered or reasonably ought to have been discovered (§ 15-3-545(B)).

The same subsection adds a minimum: the limit can never be less than 3 years after the appliance or apparatus was placed or left. How this rule fits with the 6-year limit in the general rule is a question for an attorney.

South Carolina generally pauses a deadline while a person is under 18, if they were a minor when the claim accrued (§ 15-3-40). For medical malpractice, a special rule limits that pause. If the patient was under the age of majority on the date of the treatment, omission, or operation, the deadline isn’t paused for more than 7 years because of the patient’s age, and in any case not more than 1 year after the patient reaches the age of majority (§ 15-3-545(D)).

The same subsection pauses the deadline for a minor during any period in which a parent or guardian and the provider or its insurer have committed fraud or collusion in failing to bring an action for the child.

The general rule also covers a person who was “insane,” in the statute’s word, when the claim accrued. That pause can’t extend the time by more than 5 years, or more than 1 year after the disability ends (§ 15-3-40). How these pauses combine with the medical malpractice limits depends on the facts, so families should talk with an attorney soon rather than wait for a birthday. See birth injuries for more on concerns about a baby’s care.

South Carolina allows an action when a death is caused by the wrongful act, neglect, or default of another, and it’s brought by or in the name of the executor or administrator of the person who died (S.C. Code §§ 15-51-10 and 15-51-20). The action is for the benefit of the spouse and children, or, if there are none, the parents, and if there are none, the heirs.

A wrongful death action generally must be brought within 3 years, with the period starting on the date of death (§ 15-3-530(6)). How that rule fits with the medical malpractice limits, including the 6-year outer limit, is a question for an attorney. If no executor or administrator has been appointed yet, families should talk with an attorney early about who can act.

South Carolina generally doesn’t allow a medical malpractice lawsuit to be filed right away. First, the patient’s side files a Notice of Intent to File Suit, together with an expert’s affidavit, in a county where the lawsuit could properly be filed (S.C. Code § 15-79-125(A)). The main rules:

• What the notice says. It names all adverse parties as defendants, gives a short and plain statement of the facts, is signed by the patient or their attorney, and is served on every named defendant (§ 15-79-125(A)).
• It pauses the deadline. Filing the notice tolls all applicable statutes of limitations (§ 15-79-125(A)).
• Records. Once the notice is filed and served, the parties may subpoena medical records and other related documents (§ 15-79-125(B)).
• Mediation. The parties must take part in a mediation conference within 90 to 120 days after the notice is served, unless the court grants an extension of no more than 60 days for good cause (§ 15-79-125(C)).
• Filing the lawsuit. If mediation doesn’t resolve the matter, the lawsuit must be filed within 60 days after the mediator decides that mediation isn’t viable, that an impasse exists, or that it should end, or before the statute of limitations runs out, whichever is later (§ 15-79-125(E)).

A lawsuit counts as started when the summons and complaint are filed with the clerk of court, if actual service follows within 120 days (S.C. Code § 15-3-20(B)). Because the notice, the affidavit, and mediation all take time, attorneys usually need to start well before the deadline.

The affidavit filed with the notice must meet the requirements of South Carolina’s expert affidavit law (§ 15-79-125(A); S.C. Code § 15-36-100). Under that law:

• What it says. The affidavit must specify at least one negligent act or omission claimed and the factual basis for each claim, based on the evidence available when it’s filed (§ 15-36-100(B)).
• Who signs it. The expert must be qualified as to the acceptable conduct of the professional involved. The law sets out licensing, board certification, and practice or teaching experience that can qualify an expert (§ 15-36-100(A)).
• Common knowledge. The law says the affidavit isn’t required to support a claim about something within common knowledge and experience, where no special learning is needed to judge the conduct (§ 15-36-100(C)(2)). How that applies at the notice stage is a question for an attorney.

An attorney, usually working with a medical expert, decides whether the care can be supported this way. Finding and preparing an expert takes time, which is one more reason to start early.

The 3-year and 6-year limits apply to injuries arising out of medical, surgical, or dental treatment, omission, or operation by a licensed health care provider acting within the scope of their profession (§ 15-3-545(A)).

For the notice and mediation rules, South Carolina defines a health care provider as a physician, surgeon, osteopath, nurse, oral surgeon, dentist, pharmacist, chiropractor, optometrist, podiatrist, or a similar licensed provider, including a health care practice or other legal entity. A health care institution includes an ambulatory surgical facility, a hospital, an institutional general infirmary, a nursing home, and a renal dialysis facility. A nursing home, for this purpose, doesn’t include assisted living, independent living, or community residential care facilities that don’t provide skilled nursing services (S.C. Code § 15-79-110).

So which rules apply can depend on who provided the care and where. An attorney licensed in South Carolina can tell you which deadlines apply.

• Write down the dates: when the care happened, and when you first learned or suspected something went wrong.
• Request your medical records and keep bills, discharge papers, and anything you were given.
• Note who provided the care, including whether it was a state or county facility, a VA or military facility, or a nursing home, since different rules may apply.
• Talk with an attorney licensed in South Carolina soon. Only an attorney can tell you which deadline applies and how much time is left.

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This guide summarizes the South Carolina Code of Laws and federal law, as read on October 11, 2026. It is general information, not legal advice.

• S.C. Code § 15-3-545: medical malpractice limits, 6-year limit, foreign objects, minors
• S.C. Code § 15-3-40: persons under disability
• S.C. Code § 15-3-530: 3-year limits, including wrongful death
• S.C. Code §§ 15-51-10 and 15-51-20: wrongful death actions and who brings them
• S.C. Code § 15-79-125: Notice of Intent to File Suit and pre-suit mediation
• S.C. Code § 15-79-110: health care provider and institution defined
• S.C. Code § 15-36-100: expert affidavit
• S.C. Code § 15-3-20: when an action is commenced
• S.C. Code §§ 15-78-30, 15-78-80, 15-78-90, and 15-78-110: South Carolina Tort Claims Act
• 28 U.S.C. § 2401(b): federal tort claims