South Carolina (SC) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in South Carolina.
Damage Cap
$350,000 non-economic damages per healthcare provider ($1,050,000 aggregate total per occurrence for multiple providers)
Statute of Limitations
3 years from the date of the treatment or the date the injury was or should have been discovered
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.
Average Settlement
$175,000 - $425,000
Average Verdict
$300,000 - $1,000,000
Key Facts About South Carolina Medical Malpractice Law
- 1South Carolina caps non-economic damages at $350,000 per provider, with a $1,050,000 aggregate cap when multiple providers are involved.
- 2A 90-day Notice of Intent to File Suit and expert affidavit must be served before filing the complaint.
- 3Mandatory mediation is required before the case can proceed to trial.
- 4South Carolina follows a modified comparative negligence system with a 51% bar.
- 5Punitive damages are capped at the greater of $500,000 or three times the compensatory damages.
Need Help with a South Carolina Medical Malpractice Case?
If you believe you have a medical malpractice claim in South Carolina, it is important to act quickly. The statute of limitations in South Carolina is 3 years from the date of the treatment or the date the injury was or should have been discovered. Most medical malpractice attorneys offer free initial consultations.