Written by Jeff Chandler, South Carolina Personal Injury Attorney
Practicing in South Carolina since 1999
Last reviewed: Oct. 2026
When patients suspect that a doctor, hospital, or other healthcare provider caused additional harm, one of their first questions is often how long a medical malpractice lawsuit takes in South Carolina.
There is no single timeline that applies to every case.
Some claims settle during mediation, while others continue through extensive discovery or trial. Cases involving complex medical questions or several defendants often take longer.
South Carolina also requires several steps before a lawsuit can formally begin. Those requirements help explain why these cases often take time.
Why Medical Malpractice Cases Can Take Longer Than Other Injury Claims
A medical malpractice case often begins with a detailed investigation rather than an immediate lawsuit.
The first question is whether the outcome was caused by medical negligence rather than an unavoidable complication or the progression of an underlying condition.
As explained in our article on what constitutes medical malpractice in South Carolina, a poor medical result alone does not necessarily establish malpractice.
That investigation may include collecting medical records, building a treatment timeline, identifying potentially responsible providers, and asking a qualified healthcare professional to evaluate the care.
This early work is particularly important because South Carolina law requires an affidavit to support the claim.
Step 1: Investigating the Potential Medical Malpractice Claim
Before the formal legal process begins, the attorney must closely examine the care the patient received and the harm that followed.
This may involve reviewing:
- Hospital and physician records
- Test and imaging results
- Prescription records
- Surgical reports
- Medical bills
- Prior and subsequent treatment
- Lost-income information
- Evidence concerning long-term medical needs
An important part of the investigation is determining whether there is evidence that the provider failed to meet the applicable standard of care and whether that failure caused the patient’s injury.
For a more detailed explanation, see our guide to what must be proven in a South Carolina medical malpractice case.
A focused case involving a limited set of records may move through this stage relatively quickly. A case with years of treatment or complicated medical questions may require much more time.
Step 2: Filing the Notice of Intent and Medical Affidavit
Before filing the lawsuit, a prospective plaintiff usually must complete an additional process required by South Carolina law.
Under South Carolina Code § 15-79-125, which governs the Notice of Intent and pre-suit mediation process, a prospective plaintiff must generally file a Notice of Intent to File Suit, along with an affidavit from an appropriately qualified witness, before initiating the civil action.
The affidavit requirements are addressed in South Carolina Code § 15-36-100, which concerns professional-negligence affidavits. The affidavit must generally identify at least one negligent act or omission and provide a factual basis for the allegation based on the evidence available at the time.
As a practical matter, the attorney needs enough evidence to evaluate and support the claim before formal litigation begins.
Step 3: Pre-Lawsuit Mediation
After serving the Notice of Intent, the parties are generally required to participate in mediation.
Under Section 15-79-125, mediation generally must occur within 90 days and, in any event, no later than 120 days after service of the Notice of Intent, unless the court grants an extension of up to 60 days for good cause.
Mediation gives both sides a chance to discuss the evidence and explore a resolution before the dispute becomes a traditional lawsuit.
If the case settles during mediation, the matter may end relatively early in the process.
If mediation is unsuccessful, the plaintiff may file the lawsuit. South Carolina law sets additional deadlines for filing the summons and complaint after mediation ends.
Step 4: Filing the Medical Malpractice Lawsuit
If the pre-suit process ends without a settlement, the plaintiff can file the civil action.
The defendants then have an opportunity to respond to the allegations.
The case then moves into traditional litigation. Its pace will depend on the number of defendants, the volume of evidence, the difficulty of the medical questions, and the facts the parties continue to dispute.
Step 5: Discovery
Discovery is the process through which the parties obtain evidence from each other and other sources.
Discovery in a medical malpractice lawsuit may include:
- Written questions
- Requests for documents
- Medical records
- Depositions of the patient
- Depositions of healthcare providers
- Testimony from medical witnesses
- Evidence concerning financial and future damages
A case involving treatment by several hospitals, doctors, or specialists may require more discovery than a case involving a relatively limited medical event.
Disputes over documents, depositions, witness qualifications, causation, or other issues can also extend the litigation.
Step 6: Settlement Negotiations or Additional Mediation
A medical malpractice case does not have to reach trial to be resolved.
Settlement discussions may occur at any stage, but they often become more productive after both sides have gathered enough evidence to assess the claim and the defenses.
South Carolina law also requires parties involved in medical malpractice cases to participate in mediation before trial, subject to the alternative dispute resolution provisions applicable to the case.
Whether settlement is appropriate depends on the particular facts and evidence. A claimant should not assume that an early offer necessarily reflects the full value of the claim.
For more information about the factors affecting compensation, read how the value of a South Carolina medical malpractice case may be evaluated.
Step 7: Trial
If the parties cannot resolve the claim, the case may proceed to trial.
Preparing for trial can involve additional depositions, motions, medical testimony, exhibits, and witness preparation.
The actual trial date can also depend on the court’s schedule and case-specific issues.
For that reason, a claim that must be tried will generally take longer to resolve than one settled during the investigation, mediation, or discovery stages.
How Long Do You Have to Start a Medical Malpractice Claim?
The time it takes to resolve a lawsuit should not be confused with the deadline for beginning one.
Under South Carolina Code § 15-3-545, which sets medical malpractice filing deadlines, most actions must be filed within three years of the treatment, omission, or operation that gave rise to the claim, or within three years of discovery, or when the claim reasonably should have been discovered. The statute generally establishes a six-year outside limit, subject to statutory exceptions and tolling provisions.
You can read more about these rules in our guide to the South Carolina medical malpractice statute of limitations.
Because the pre-suit investigation and affidavit process can take time, waiting until a filing deadline is approaching can create significant problems.
So, How Long Does a Medical Malpractice Lawsuit Take in South Carolina?
No attorney can reliably predict a case’s duration without first examining the medical history, disputed issues, and available evidence.
A claim that settles during pre-suit mediation may end far sooner than one that proceeds through discovery and trial.
The timeline can change with the complexity of the medicine, the number of defendants, the evidence required, disagreements over causation or damages, settlement efforts, and the court’s schedule.
The practical takeaway is clear: South Carolina’s pre-suit requirements take time, so potential claims should be evaluated early.
Talk to Chandler Law Firm About a South Carolina Medical Malpractice Claim
If you believe negligent medical care caused you or a family member additional harm, Chandler Law Firm can review the circumstances, medical history, and important dates related to your potential claim.
Learn more about Chandler Law Firm’s South Carolina medical malpractice representation or contact the firm to discuss your situation. Chandler Law Firm serves clients throughout South Carolina from its Myrtle Beach and Charleston offices.
About the Author
Jeff Chandler has practiced law in South Carolina since 1999. His practice includes workers’ compensation, personal injury, and medical malpractice matters. He represents injured individuals throughout South Carolina from Chandler Law Firm's Myrtle Beach and Charleston offices.
South Carolina Bar Admission: 1999
View Jeff Chandler's Attorney Profile →
Important Legal Information
This page provides general information about South Carolina law and is not intended as legal advice. Reading this page or contacting Chandler Law Firm does not by itself create an attorney-client relationship. The application of the law depends on the facts and circumstances of each case.
