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Q: Medical malpractice inquiry for retained surgical object expelled decades later in SC.
On June 6, 2025, I painfully expelled a surgical object through my vaginal cavity, which had been retained since surgery decades ago. This has caused severe health issues and emotional distress over the years, significantly impacting my personal and family life. I understand the statute of limitations in South Carolina is two years from the date of discovery. Given this, what are my potential legal actions for pursuing a medical malpractice case?
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James L. Arrasmith
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A:
You discovered the retained object on June 6, 2025, which triggers South Carolina’s two-year statute of limitations for medical-malpractice claims from the date of discovery.
You should immediately request and preserve all surgical and medical records, then secure an expert affidavit supporting negligence and causation under S.C. Code Ann. § 15-79-125. Before filing suit, serve a Notice of Intent to Commence a Medical Malpractice Action on each health-care provider within 90 days of filing your complaint.
If the panel review confirms negligent care, you may pursue a civil action for compensatory damages—covering past and future medical expenses, lost income, pain and suffering, and emotional distress. Failure to comply with these statutory prerequisites or to file within two years of discovery will bar your claim.
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