Hoffman Ex Rel. Estate of Hoffman v. Powell

Chandler, Justice:

The Circuit Court held that these medical malpractice actions are barred by the six-year “repose” provision of S. C. Code Ann. § 15-3-545 (Supp. 1988). Appellants challenge the constitutionality of this provision. We affirm.

BACKGROUND

Section 15-3-545 provides in pertinent part:

Any action to recover damages for injury to the person arising out of any medical, surgical or dental treatment, omission or operation by any licensed health care provider ... shall be commenced within three years from the date of the treatment, omission or operation giving rise to the cause of action…