South Carolina law sets firm timelines for medical malpractice claims. In most cases, you must file within three years of the treatment, omission, or operation, or three years from when you discovered the injury or reasonably should have discovered it. A separate six-year statute of repose cuts off claims six years from the event, even if you learned about the injury later. Special rules apply to foreign objects left in the body, minors, and claims against government providers. Before suing, you must file and serve a Notice of Intent with an expert affidavit.
What Statute of Limitations and Statute of Repose Mean in South Carolina 
A statute of limitations is the legal deadline to start a lawsuit. For South Carolina medical malpractice, the general deadline is three years from the medical act or three years from discovery if the injury was not apparent right away. Even with the discovery rule, a separate statute of repose sets an outer limit of six years from the occurrence. That outside limit can still be paused by specific tolling rules in the statute.
Deadline tip: filing a properly served Notice of Intent pauses the clock during pre-suit mediation.
Foreign Object Cases Get a Different Clock
If a foreign object such as a sponge, clamp, or fragment of instrument is inadvertently left in the body, you have two years from discovery or when you reasonably should have discovered it. The law also guarantees that the window is never shorter than three years from the date the object was left.
Special Timing Rules for Injured Children
If the patient was under 18 when the care happened, limited tolling applies. Tolling for minority cannot exceed seven years, and never more than one year after turning 18. Families should move quickly because records age and the seven-year cap can arrive sooner than you expect.
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Learn more about our attorneysClaims Involving Government-Run Hospitals and Clinics
If the defendant is a governmental entity or employee covered by the South Carolina Tort Claims Act, a two-year deadline applies, measured from when the loss was or should have been discovered. If a verified claim is filed under the Act’s claim process, the period extends to three years. These cases also come with separate damage caps and procedural steps that differ from suits against private providers.
The Required Notice of Intent to File Suit
Before you can file a medical malpractice lawsuit in South Carolina, you must first file and serve a Notice of Intent to File Suit with an expert affidavit. Filing the notice tolls all applicable statutes of limitations while the parties complete mandatory prelitigation mediation. If mediation does not resolve the case, you may file the lawsuit within sixty days after the mediator ends the process or before the limitations period expires, whichever is later. Even with tolling, it is smart to move quickly so evidence is preserved and deadlines never get missed.
Wrongful Death After Malpractice
If malpractice leads to a death, the estate may bring a wrongful death claim. The typical deadline is three years from the date of death. This timeline can overlap with the medical malpractice deadlines described above, so prompt review avoids losing either claim.
How Greenville Families Can Protect Their Rights Right Now
- Start a timeline. List dates of treatment, facilities, and when symptoms began or changed. Save appointment reminders, discharge instructions, and bills in one folder.
- Request records early. Medical records and imaging are central to any evaluation. Your attorney can obtain complete records and preserve scans and lab data.
- Do not sign releases or settlements without advice. Seemingly simple forms can affect your rights and deadlines.
- Do not delay a consultation. A quick review can clarify deadlines, especially when government providers, child patients, or possible foreign objects are involved.
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need.
—Rob Young
I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.
—Rezillai Henderson
My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.
— Jen
I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
— Lindsey
Related Reading on Our Site
- Common Emergency Room Errors
Common emergency room errors and how rushed triage and handoffs can lead to preventable harm. - Who is Liable for Medication Errors?
Medication error liability basics and typical proof issues. - Can a Therapist Be Held Liable for Medical Malpractice?
When mental health providers can face malpractice claims. - Who Can File a Wrongful Death Claim in South Carolina?
Who can file and key deadlines. - Nursing Home Negligence
Steps to protect a resident and document what happened.
Quick Examples From Upstate Care
Private hospital example. A Greenville patient has surgery at a private hospital in March 2023 and learns in April 2025 that nerve damage may stem from a misplaced instrument. The general rule gives three years from discovery, which suggests a deadline in April 2028, but the six-year repose cuts things off in March 2029. Filing a Notice of Intent with an expert affidavit tolls the clock during pre-suit mediation and preserves the ability to file at the right time.
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Government facility example. A patient treated at a county-run clinic in 2024 suspects a missed diagnosis discovered in 2025. Because the clinic is a governmental entity, the Tort Claims Act sets a two-year period from discovery in 2025. If the patient first files a verified claim, the period extends to three years.
Verdicts & Settlements
Not Sure When Your Clock Started
South Carolina uses a reasonableness standard for discovery. Your timeline can start when you knew or should have known that medical care caused harm. That can turn on test results, second opinions, or symptoms that never resolved. Timely legal guidance helps anchor the right date and reduce risk.
Speak with a Greenville medical malpractice lawyer who knows these deadlines and the Notice of Intent process. Call or send a message. Christian & Christian Law serve Greenville, South Carolina, and nearby areas.