Ranucci v. Crain

Shannon Ranucci appealed the circuit court's order dismissing her medical malpractice case for failing to contemporaneously file an expert witness affidavit with her Notice of Intent to File Suit ("NOI") pursuant to section 15-79-125 of the South Carolina Code. Ranucci argued on appeal that the circuit court erred in finding the affidavit of her medical expert was not timely filed because section 15-79-125 incorporated section 15-36-100, which included a "safe harbor" provision that extends the time for filing the affidavit. The Court of Appeals, holding the pre-litigation filing requirement for a medical malpractice case found in section 15-79-125 incorporated only the parts of section 15-36-100 that related to the preparation and content of an expert's affidavit. The Supreme Court reversed the decision of the Court of Appeals and remanded the case to the circuit court. The Court held that section 15-79-125(A) incorporated section 15-36-100 in its entirety. Thus, Ranucci could invoke section 15-36-100(C)(1), which extended the time for filing the expert witness affidavit and tolled the applicable statute of limitations. View "Ranucci v. Crain" on Justia Law