South Carolina Medical Malpractice Case Value Calculator

Under South Carolina's modified comparative fault rules, medical malpractice claimants can recover if their responsibility for the injury does not exceed 50%. The provider's deviation from the standard of care is the central issue, with patient fault arguments typically playing a secondary role.

You have 3 years to file suit in South Carolina, a deadline that is in line with the national average of 2.3 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position.

South Carolina caps non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) at $350,000 for this type of case. This means that regardless of the severity of your non-economic losses, the maximum you can receive for those damages is $350,000. Punitive damages in South Carolina are capped at the lesser of 3 times compensatory damages or $500,000. On $100,000 in compensatory damages, punitive damages would be capped at $300,000.

Medical malpractice cases in South Carolina face a specific pre-filing requirement that must be satisfied before the lawsuit can proceed: an expert affidavit or certificate of merit establishing that a qualified medical professional has reviewed the case and believes the standard of care was breached. While this adds a step, it helps filter claims before they reach court.

South Carolina imposes a 6-year statute of repose on medical malpractice claims. Unlike the statute of limitations, which can be extended by the discovery rule, the statute of repose creates an absolute outer deadline: no medical malpractice lawsuit can be filed more than 6 years after the date of the treatment, regardless of when the injury was discovered.