Hospital Infections in South Carolina
Average Settlement: $250,000 - $700,000 | Statute: 3 years from the date of the treatment or the date the injury was or should have been discovered
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
South Carolina Medical Malpractice Laws
Statute of Limitations
3 years from the date of the treatment or the date the injury was or should have been discovered
Damage Cap
$350,000 non-economic damages per healthcare provider ($1,050,000 aggregate total per occurrence for multiple providers)
Discovery Rule
South Carolina applies the discovery rule — the statute begins when the patient discovers or should have discovered the injury, subject to a 6-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file a Notice of Intent to File Suit and an expert affidavit at least 90 days before filing the complaint. Mediation is required before trial.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓South Carolina caps non-economic damages at $350,000 per provider, with a $1,050,000 aggregate cap when multiple providers are involved.
- ✓A 90-day Notice of Intent to File Suit and expert affidavit must be served before filing the complaint.
- ✓Mandatory mediation is required before the case can proceed to trial.
- ✓South Carolina follows a modified comparative negligence system with a 51% bar.
- ✓Punitive damages are capped at the greater of $500,000 or three times the compensatory damages.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in South Carolina.