O'TUEL v. VILLANI
2/13/1995
s Chapter." The chapter in which the tolling statute is found is chapter three of Title 15, entitled "Limitation of Civil Actions." Article 5 of that chapter is entitled "Actions Other Than for Recovery of Real Property." S.C. Code Ann. §§ 15-3-510 - 680 (1976 & Supp. 1993). Tort actions generally, and
That the legislature intended
Notwithstanding the provisions of Section 15-3-40, if a person entitled to
bring an action against a licensed health care provider . . . is under the
age of majority at the date of the treatment, omission, or operation
giving rise to the cause of action, the time period or periods limiting
the filing of the action are not tolled for a period of more than seven
years on account of minority, and in any case more than one year after the
disability ceases.
S.C. Code Ann. § 15-3-545(D) (Supp. 1993) (emphasis added). This provision operates to limit the period of tolling which would otherwise be applicable, and demonstrates that, while the legislature was concerned with increased exposure to claims created by the tolling statute, the legislature was not willing to completely abandon the protection given minors by the tolling statute. Therefore, because the general tolling provisions of § 15-3-40 are applicable to medical malpractice
III.
To summarize, we find that the parents' claim against Dr. Villani is barred by the
Affirmed in part and reversed in part.
CURETON and CONNOR, JJ., concur.
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