What Are the Statutory Limits for Medical Malpractice in South Carolina?

In South Carolina, medical malpractice is a legal term that refers to inadequate or negligent care provided by healthcare professionals that results in harm to a patient. Understanding the statutory limits for medical malpractice cases is crucial for anyone considering legal action. The state has specific laws that govern the time limits and other parameters related to filing claims.

Statute of Limitations

The statute of limitations for medical malpractice in South Carolina is generally set at three years from the date of the alleged negligent act. This means that a patient has three years to file a lawsuit following the event that caused injury or harm. If this deadline is missed, the patient may lose the right to seek compensation.

However, there are exceptions to this rule. Under certain circumstances, where the negligence is not immediately discoverable, the statute may be extended. For instance, if a foreign object is left in a patient’s body after surgery, the victim may have up to two years from the date of discovery of the object to file a claim.

Notice Requirements

South Carolina law requires plaintiffs to provide written notice of their intent to file a medical malpractice lawsuit at least 90 days before officially filing the claim. This notice must be sent to the healthcare provider involved in the alleged malpractice, allowing them the opportunity to investigate and potentially resolve the matter before litigation begins.

Expert Affidavit Requirement

In South Carolina, a plaintiff must also submit an affidavit from a qualified expert along with their complaint. This affidavit must state that the expert believes there is a reasonable likelihood of proving the case against the defendant. This requirement is designed to ensure that claims brought forth have solid grounds, reducing frivolous lawsuits.

Cap on Damages

South Carolina places limits on the amount that can be awarded for non-economic damages—such as pain and suffering—in medical malpractice cases. The cap is set at $350,000 for non-economic damages, while economic damages, which cover financial losses such as medical expenses and lost wages, do not have a cap.

Understanding Comparative Negligence

Additionally, South Carolina follows the "modified comparative negligence" rule regarding fault in medical malpractice cases. If the injured party is found to be partially at fault for their injuries, their compensation may be reduced by their percentage of fault. However, if the plaintiff is found to be more than 50% at fault, they may be barred from recovering any damages.

Conclusion

Understanding the statutory limits for medical malpractice in South Carolina is essential for patients considering legal action. With a three-year statute of limitations, specific notice and expert affidavit requirements, and caps on damages, it is advisable for anyone considering a medical malpractice suit to consult with a knowledgeable attorney. This will ensure their case is filed correctly and within the legal timeframe, maximizing their chances of receiving fair compensation for their injuries.