South Carolina Supreme Court: Medical Malpractice Statute of Repose Bars Claims for Equitable Indemnity

In Columbia/CSA-HS Greater Columbia Healthcare Sys., LP v. S. Carolina Med. Malpractice Liab. Joint Underwriting Ass’n, 2015 WL 249536 (S.C. Jan. 21, 2015), the Supreme Court of South Carolina affirmed two lower courts’ constructions of the medical malpractice statute of repose and barred a hospital from seeking indemnification from an ER doctor who misdiagnosed a patient, despite a strong dissent by two justices, including Chief Justice Toal.

In May of 1997, patient Arthur Sharpe sought medical treatment in Providence Hospital’s emergency room for chest …

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