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Shelly Leeke Law Firm, LLC

How long do I have to file my medical malpractice claim? What is the statute of limitations?

In South Carolina, most medical malpractice personal injury lawsuits are generally subject to a three year statute of limitations. However, there may be exceptions depending on the circumstances. For example, the statute of limitations is different for negligence suits against a South Carolina state government agency pursuant to the South Carolina Tort Claims Act ("TCA") and the federal government pursuant to the Federal Tort Claims Act ("FTCA"). In these cases, a lawsuit must generally be filed within two years, unless certain steps are taken which will extend the time for filing.


It is extremely important to consult with an experienced medical malprac-tice attorney promptly, so that he or she can evaluate the viability of your potential medical malpractice claim and most importantly, the statute of limitations for filing your lawsuit.

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