Do I have a case?

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Do I have a case?

I underwent surgery to remove my right ovary and
fallopian tube in 2008 only to find out they were
never removed.

Asked on December 20, 2016 under Malpractice Law, South Carolina

Answers:

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

Answered 4 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.


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