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KERR v. RICHLAND MEMORIAL HOSPITAL

No. 26667.

383 S.C. 146 (2009)

678 S.E.2d 809

Frank W. KERR, as personal representative for the Estate of Marta Butler Kerr, deceased, Appellant, v. RICHLAND MEMORIAL HOSPITAL, Respondent.

Supreme Court of South Carolina.

Decided June 15, 2009.

Attorney(s) appearing for the Case

Charles L. Henshaw, Jr., of Furr, Henshaw & Ohanesian, of Columbia, for Appellant.

William H. Davidson, II and Andrew F. Lindemann, both of Davidson, Morrison & Lindemann, of Columbia, for Respondent.

Justice KITTREDGE:

This medical malpractice case turns on whether the six-year statute of repose in section 15-3-545(A) of the South Carolina Code (2005) applies to causes of action arising under the Tort Claims Act. We hold that it does and affirm.

I.

In 1996, Marta Kerr's excised mole was allegedly misdiagnosed as benign by a pathologist at Richland Memorial Hospital (Hospital). In 2001, Kerr learned the 1996 specimen, upon reexamination, contained...

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