South Carolina Birth Injury Lawyers

South Carolina Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

S.C. Code Ann. §15-3-545 Three years from act or omission, or reasonable discovery, not to exceed six years. Foreign object: Two years from reasonable discovery; provided, that, in no event shall there be a limitation on the commencement of the action less than three years after the placement or leaving of the appliance or apparatus. Minors: statute of limitations tolled, not to exceed seven years on account of minority, and in any case more than one year after reaching majority. Such time limitation is tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor.

South Carolina Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§15-32-220. Noneconomic damages limited to $350,000 against single health care provider or facility. In actions against more than one facility, provider or combination, the limit of civil liability for noneconomic damages for each health care institution and each health care provider is limited to an amount not to exceed $350,000 for each claimant, and the limit of civil liability for noneconomic damages for all health care institutions and health care providers is limited to an amount not to exceed $1,050,000 for each claimant. Limits increased or decreased annually based on Consumer Price Index. No limits on noneconomic or punitive damages if defendant is grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant.

Limits on Attorney Fees

No limitations.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

§38-79-410 et seq. Patients' Compensation Fund

Medical or Peer Review Panels

§40-71-10 et seq. Liability of members of professional committees