In a recent Supreme Court of South Carolina medical malpractice case, Ranucci v. Crain, SC Sup. Ct. (2014), the court had before it the specific issue of how the various code sections regarding professional malpractice claims and those that apply only to medical malpractice claims interact with one another.
In the case, the plaintiff alleged that the defendant doctor performed a needle core breast biopsy on her, and that following the procedure, the plaintiff experienced pain during breathing. Three days later, according to the allegations, the plaintiff had an X-ray performed, which revealed that she had suffered a collapsed lung.
The plaintiff subsequently filed her notice of intent (NOI) to sue, as required under South Carolina law, citing the alleged negligent execution of the biopsy. The plaintiff’s NOI stated that due to “time constraints,” she was unable to file the required contemporaneous affidavit from a medical expert regarding her allegations, but that it would be filed within the next 45 days, as set forth in a specific code section, or that it would not require an affidavit. The plaintiff then filed the required expert affidavit within the relevant time period.
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