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HOFFMAN v. POWELL

23027

298 S.C. 338 (1989)

380 S.E.2d 821

Melinda HOFFMAN, Individually and as Personal Representative of the Estate of David M. Hoffman, Appellants v. Jerry POWELL M.D. and The Surgical Clinic of Anderson, P.A., Respondents.

Supreme Court of South Carolina.

Decided June 5, 1989.

Attorney(s) appearing for the Case

Barney O. Smith, Jr., of Parham and Smith, Greenville, for appellants.

G. Dewey Oxner, Jr. and F. Matlock Elliott of Haynsworth, Marion, McKay & Guerard, Greenville, for respondents.

Thomas H. Hart and Desa A. Ballard, Barnwell, for amicus curiae: Citizens Opposed to the Limitations of Legal Rights (COLLAR).

Heard April 4, 1989.

Decided June 5, 1989.

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).1 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...

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