Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I am sorry for all you have been through, and I hope that everything gets resolved appropriately in this situation. I am afraid that I do not have encouraging news to share with you.
2. Unfortunately, medical malpractice claimants must bring a civil suit 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. S.C. Code Ann. § 15-3-545. The statute of limitations is tolled during the claimant's minority; however, the period may not extend beyond seven years from the date of the occurrence, or more than one year after the child attains the age of majority, whichever period is shorter. The statute is also tolled during a claimant's insanity, but the tolling period cannot extend more than five years from the date of the occurrence or one year beyond the date the disability ceases.. S.C. Code Ann. § 15-3-40.
3. However, although a civil action is time-barred, there are two avenues open to you for seeking action on this matter. From the criminal standpoint, South Carolina has no statute of limitation on any crime except writing bad checks. This puts South Carolina in the four strictest states, in regard to statutes of limitations. Given that you did not consent to the surgical procedure, the appropriate action would be to contact your local law enforcement authorities and request to file a criminal complaint alleging assault. The other step you can take is to file a complaint with the South Carolina Board of Medical Examiners.
4. Regarding your mention of a different lawyer being involved, I must admit I am not sure what you mean here. My screen only shows myself as an involved legal expert, but I will be glad to share my qualifications with you. I have been a registered nurse for 19 years and a licensed attorney for 13 years. I was awarded the Corpus Juris Secundum award for the highest grade (100%) in Torts during law school. I also graduated with high distinction with a ranking of second in my class at nursing school (grade point average of almost 4.0). I have worked as an attorney on both sides of the medical malpractice docket (plaintiff and defense). Should you have any doubts, please just let me know and I will gladly opt out from participation (at no charge to you).

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Edited by Benjamin M. Burt, Jr., Esq. on 3/2/2009 at 10:14 PM