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Medical Malpractice Rules in South Carolina

The deadline to file a medical malpractice claim in South Carolina, the discovery rule, and caps on damages.

Short answer: Three years from the date of the treatment, omission or operation, or three years from when the injury was or reasonably should have been discovered, but not more than six years from the date of the occurrence. S.C. Code § 15-3-545

Medical malpractice deadlineThree years from the date of the treatment, omission or operation, or three years from when the injury was or reasonably should have been discovered, but not more than six years from the date of the occurrence. For a foreign object left in the body, the deadline is two years from discovery, but never less than three years after the object was left.
Source: S.C. Code § 15-3-545
Medical malpractice capsNoneconomic damages are capped at $350,000 per claimant against a single health care provider or a single institution. When more than one provider or institution is liable, each is limited to $350,000 per claimant and the total for all is limited to $1,050,000 per claimant. These amounts are adjusted each year for inflation and published in the State Register. The caps do not apply if the defendant was grossly negligent, willful, wanton or reckless, committed fraud or misrepresentation related to the claim, or altered or destroyed medical records to avoid liability. Economic damages are not capped.
The statute's base amounts are shown; the current inflation-adjusted figures are published by the Revenue and Fiscal Affairs Office.
Source: S.C. Code § 15-32-220

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FAQ

What is the statute of limitations for medical malpractice in South Carolina?
Three years from the date of the treatment, omission or operation, or three years from when the injury was or reasonably should have been discovered, but not more than six years from the date of the occurrence. For a foreign object left in the body, the deadline is two years from discovery, but never less than three years after the object was left.
Is there a cap on medical malpractice damages in South Carolina?
Noneconomic damages are capped at $350,000 per claimant against a single health care provider or a single institution. When more than one provider or institution is liable, each is limited to $350,000 per claimant and the total for all is limited to $1,050,000 per claimant. These amounts are adjusted each year for inflation and published in the State Register. The caps do not apply if the defendant was grossly negligent, willful, wanton or reckless, committed fraud or misrepresentation related to the claim, or altered or destroyed medical records to avoid liability. Economic damages are not capped.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.