Medical malpractice in South Carolina
Inflation-adjusted noneconomic caps
South Carolina medical malpractice claims generally need a pre-suit Notice of Intent with an expert affidavit, mandatory mediation, a three-year filing period with a six-year outer limit, and inflation-adjusted noneconomic damage caps.
Last reviewed September 22, 2026
- 2026 single limit
- $596,001
- 2026 aggregate
- $1,788,002
- Usual filing window
- 3 years
One provider or institution, per the RFA memo
All providers and institutions combined
From the care or discovery, within 6 years
Damage caps
Noneconomic damages are limited by statute, with annual Consumer Price Index updates. The February 3, 2026 Revenue and Fiscal Affairs memorandum states adjusted figures of $596,001 against a single provider or institution and $1,788,002 in the aggregate against multiple defendants. Those adjusted limits become effective upon publication in the State Register. Economic damages are not capped by that statute. The noneconomic limit does not apply if the defendant was grossly negligent, willful, wanton, or reckless, committed related fraud, or altered records to avoid liability.
Not capped
Economic damages
S.C. Code 15-32-220 does not limit economic damages. Lost wages, medical bills, and similar economic losses are limited by proof.
Capped
Noneconomic damages
Noneconomic damages are capped at a base of $350,000 per claimant against a single health care provider or a single health care institution. When more than one provider or institution is liable, the limit is $350,000 against each, but not more than $1,050,000 in the aggregate per claimant. Revenue and Fiscal Affairs adjusts those limits each year for the Consumer Price Index. The revised limit becomes effective when it is published in the State Register.
The February 3, 2026 Revenue and Fiscal Affairs memorandum states the adjusted limits as $596,001 against a single health care provider or institution and $1,788,002 against all health care providers and institutions. Use the published figure for the relevant year, not the statutory base alone. The memorandum says the adjusted limits become effective upon publication in the State Register.
Each liable provider or institution has a single-defendant limit, and all of them together have an aggregate limit. The 2026 memorandum figures for those two tracks are $596,001 and $1,788,002. The cap does not apply if the jury or court finds the defendant was grossly negligent, willful, wanton, or reckless and that conduct proximately caused the noneconomic damages, or if the defendant committed fraud or misrepresentation related to the claim, or altered or destroyed medical records to avoid a claim or liability.
Noneconomic limits, base and 2026 adjustment
The current row is the February 3, 2026 Revenue and Fiscal Affairs adjustment. It is not a payment average. The statutory base is the unadjusted starting figure.
| Milestone | Single provider or institution | Aggregate |
|---|---|---|
| February 3, 2026 RFA adjustmentReview year | $596,001 | $1,788,002 |
| Statutory base, before CPI adjustment | $350,000 | $1,050,000 |
S.C. Code 15-32-220 sets the base and the annual adjustment. The February 3, 2026 memorandum calculates the adjustment from the Consumer Price Index and states that the revised limits become effective upon publication in the State Register. The noneconomic limit does not apply in the gross-negligence, willful, wanton, reckless, fraud, and record-alteration situations listed in the statute. A separate emergency-physician gross-negligence rule is a liability standard, not a dollar cap.
Filing deadlines
File within three years of the care or of discovery, and generally no later than six years after the occurrence. File the Notice of Intent and expert affidavit before suit. Mediation usually follows within 90 to 120 days.
- General rule
An action for injury from medical, surgical, or dental treatment, omission, or operation by a licensed health care provider must be commenced within three years from the treatment, omission, or operation, or three years from discovery, or from when it reasonably ought to have been discovered. The claim generally may not be brought more than six years from the occurrence, except as the section tolls that period.
- Foreign object
A foreign object or appliance claim is generally two years from discovery, or from when it ought to have been discovered, and not less than three years after the object was placed.
- Minors
Tolling for minority generally may not extend the time more than seven years on account of minority, and in any case not more than one year after the disability ceases. Fraud or collusion is a statutory exception.
- Notice before suit
Before filing a medical malpractice civil action, the plaintiff must file a Notice of Intent to File Suit and an expert affidavit in a county of proper venue, and must serve the named defendants. Pre-suit mediation generally must be completed within 90 to 120 days, with a limited extension. If the claim is unresolved, suit must be filed within 60 days after mediation ends or before limitations expire, whichever is later. Further alternative-dispute-resolution rules continue after suit is filed.
Filing a Notice of Intent to File Suit tolls the applicable limitations periods.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
Use the adjusted cap, and watch the exceptions
The valuation headline is the inflation-adjusted noneconomic cap, with escapes for gross negligence, willful, wanton, or reckless conduct, related fraud, and altering or destroying records. Cite the Revenue and Fiscal Affairs figure for the year, not only the statutory base.
Notice of Intent comes before suit
The process headline is a Notice of Intent, an expert affidavit, and mandatory pre-suit mediation, usually within 90 to 120 days. Filing the notice tolls the limitations period.
Six years is still an outer risk
Discovery can extend the start of the three-year period, but the claim generally may not be brought more than six years after the occurrence. A defined emergency setting can also raise the liability standard for a physician to gross negligence. That rule is not a dollar cap.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a South Carolina case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The cap year, any finding that an exception applies, and whether the pre-suit Notice of Intent was completed on time often shape the range.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. S.C. Code 15-32-220 caps noneconomic damages and directs an annual Consumer Price Index adjustment. The statutory base is $350,000 per provider or institution and $1,050,000 in the aggregate. The February 3, 2026 Revenue and Fiscal Affairs memorandum states adjusted limits of $596,001 against a single health care provider or institution and $1,788,002 against all health care providers and institutions. Those adjusted limits become effective upon publication in the State Register. The cap does not apply to gross negligence, willful, wanton, or reckless conduct that caused the noneconomic damages, to related fraud, or to altering or destroying records to avoid liability. The filing period is three years with a six-year repose under 15-3-545. A Notice of Intent, expert affidavit, and pre-suit mediation are required under 15-79-125.
- S.C. Code § 15-32-220 (chapter 32) (opens in a new tab)Accessed September 22, 2026
- Revenue and Fiscal Affairs inflation adjustments (opens in a new tab)Accessed September 22, 2026
- February 3, 2026 RFA memorandum on the noneconomic damages limitation (opens in a new tab)Accessed September 22, 2026
- S.C. Code § 15-3-545 (chapter 3) (opens in a new tab)Accessed September 22, 2026
- S.C. Code § 15-79-125 (chapter 79) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a South Carolina attorney about Notice of Intent timing and which year's noneconomic limit applies.