South Carolina Medical Malpractice Laws

There is a limit on noneconomic damages in the amount of $350,000 as to each defendant and a total limit in the amount of $1,050,000 for each claimant (no limitation if the defendant was grossly negligent, willful, wanton, or reckless that was the cause of the claimant’s injury or if the defendant has committed fraud or misrepresentation regarding the claim or if the defendant altered or destroyed medical records in order to avoid liability to the claimant. The statute of limitations is three years from the incident or reasonable discovery but not to exceed six years. For foreign object, two years from reasonable discovery but in no event less than three years from the date of placement or leaving of the object. For minors, not more than seven years but not more than one year after the 18th birthday. There is modified joint and several liability (joint liability if fault is 50% or greater when compared to the fault of all defendants and the claimant. There is no limitation on attorney fees. There is no provision for periodic payments. There is the Patients’ Compensation Fund. The parties are required to participate in a mediation conference prior to filing an action. An affidavit of an expert must be field by the claimant at the time of filing the action that specifies at least one negligent act or omission and the factual basis for the claim.

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