how long do you have to file a claim, after the intial hospitalization?

UPDATED: May 6, 2009

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how long do you have to file a claim, after the intial hospitalization?

I had baby, became very ill within the next week. At my one week check up, they said all it was is the incision had a minor infection and take these antibiotics and go home. The very next day I went back to hospital for 13 days. They couldn’t figure out what was wrong. and I wasn’t in ICU like they kept telling me I should be. NowI have questions. What happened? I had the baby in 05/08. Do I have time to file a claim?

Asked on May 6, 2009 under Malpractice Law, South Carolina


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Medical malpractice claimants in South Carolina must bring a lawsuit within three years from the date of the occurrence or the date when the occurrence should have been discovered, but in no case more than six years from the date of the occurrence.  You are certainly well within that period of time. You haven't indicated whether or not you are now fine or what the diagnosis was at the hospital.  You should talk to a medical malpractice attorney in your area and he or she will help you determine whether or not you have a good case against the hospital, the doctor, and/or other medical providers who treated you.




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