Do I have a case?
UPDATED: Sep 30, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have a case?
I underwent surgery to remove my right ovary and
fallopian tube in 2008 only to find out they were
Asked on December 20, 2016 under Malpractice Law, South Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You don't have any medical malpractice case because the statute of limitations has tolled (expired).
The statute of limitations for filing a medical malpractice case in South Carolina is three years from the date of treatment, omission or operation giving rise to the cause of action or three years from the date of discovery or when it reasonably ought to have been discovered not to exceed six years from the date of occurrence.
Even if you didn't know and couldn't have known of the malpractice, once six years have elapsed, your medical malpractice lawsuit is barred by the statute of limitations.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.