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Understanding South Carolina’s Medical Malpractice Damages Cap


In South Carolina, a plaintiff has 3 years to file a medical malpractice claim. According to South Carolina Code of Laws section 15-3-545, this countdown starts “from the date of the treatment, omission, or operation giving rise to the cause of action or three years from the date of discovery or when it reasonably ought to have been discovered, not to exceed six years from the date of occurrence.” Before you file a claim, it’s important to discuss your situation with an experienced medical malpractice attorney who can research your case and litigate in court on your behalf. If your lawsuit is successful. you may be awarded significant economic and non-economic damages.

Economic damages account for financial losses, such as:

  • Present and future medical expenses
  • Rehabilitative services
  • Lost income
  • Loss of earning potential
  • Transportation costs

Non-economic damages are more subjective, and may account for a plaintiff’s:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment in life

However, like many states, South Carolina has a “cap” on the amount of compensation that can be awarded in a medical malpractice lawsuit.  Fortunately, this cap only applies to non-economic damages, and mostly because they are so subjective. For example, there is a $350,000 cap on any medical malpractice case filed against a single institution or care provider. If there are multiple defendants, the total non-economic damages can’t exceed $1.05 million. However, even in this scenario, the individual defendants in the lawsuit aren’t required to pay more than $35,000 in non-economic damages.

Schedule a Consultation to Learn How You Can Pursue Compensation

Medical professionals are required to provide their patients with a reasonable standard of care. When patients are injured due to the negligence of their healthcare providers, they have a legal right to pursue compensation that facilitates their recovery process. Plus, it’s important to hold hospitals and medical staffers accountable for any negligent practices or actions that could cost someone their life.

If you’re ready to take legal action, contact the Charleston medical malpractice lawyers at Pierce, Sloan, Kennedy & Early LLC. Our trial-tested legal team has the skills and resources to thoroughly investigate your case and effectively hold the accountable party liable for your injuries. We can even work with medical experts to prove that your case warrants both economic and non-economic compensation.

Call Pierce, Sloan, Kennedy & Early LLC at (843) 968-0886 to schedule a free consultation.

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