South Carolina

Statute of Limitations

Medical Claim Generally:

A malpractice claim “must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence, or as tolled by this section.” [SCCL § 15-3-545]

Minors:

“The time period or periods limiting filing of the action are not tolled for a period of more than seven years on account of minority, and in any case more than one year after the disability ceases.” [SCCL § 15-3-545]

Wrongful death:

A wrongful death action must be brought within 3 years “upon the death of the person on account of whose death the action is brought” [SCCL § 15-3-360]

Damage Caps

Noneconomic damages are capped at $350,000 (adjusted for the consumer price index)[SCCL § 15-32-220]

As of February 2024, the medical malpractice caps in South Carolina are $564,168 for each healthcare provider and $1,692,503 for all healthcare providers.  Punitive damages are capped at the greater of 3x actual damages or $500,000.

Attorney Fee   Caps

South Carolina currently has no attorney fee caps other than the general requirement of reasonableness [Rule 1.5 of the South Carolina Rules of Professional Conduct]

Pre-suit 

Requirements

“Prior to filing or initiating a civil action alleging injury or death as a result of medical malpractice, the plaintiff shall contemporaneously file a Notice of Intent to File Suit and an affidavit of an expert witness, subject to the affidavit requirements established in Section 15-36-100.” In addition, “within ninety days and no later than one hundred twenty days from the service of the Notice of Intent to File Suit, the parties shall participate in a mediation conference unless an extension for no more than sixty days is granted by the court based upon a finding of good cause.” [SCCL § 15-79-125]

Expert

Qualifications

An expert “is licensed by an appropriate regulatory agency to practice his or her profession in the location in which the expert practices or teaches; and (2)(a) is board certified by a national or international association or academy which administers written and oral examinations for certification in the area of practice or specialty about which the opinion on the standard of care is offered; or (b) has actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in: (i) the active practice of the area of specialty of his or her profession for at least three of the last five years immediately preceding the opinion; (ii) the teaching of the area of practice or specialty of his or her profession for at least half of his or her professional time as an employed member of the faculty of an educational institution which is accredited in the teaching of his or her profession for at least three of the last five years immediately preceding the opinion; or (iii) any combination of the active practice or the teaching of his or her profession in a manner which meets the requirements of subitems (i) and (ii) for at least three of the last five years immediately preceding the opinion; (3) is an individual not covered by subsections (A)(1) or (2), that has scientific, technical, or other specialized knowledge which may assist the trier of fact in understanding the evidence and determining a fact or issue in the case, by reason of the individual's study, experience, or both.” [SCCL § 15-36-100]

Negligent 

Credentialing Claims

South Carolina Code of Laws § 44-7-390(4) establishes that there is no cause of action for negligent credentialing in South Carolina. However, in Doe v. Waccamaw Medical Center, Inc. (2015), the court allowed a patient to sue a hospital for negligent credentialing. Therefore, there is uncertainty as to whether South Carolina recognizes negligent credentialing.