South Carolina · Medical Malpractice
South Carolina medical malpractice damage caps and statute of limitations
Refreshed 2026. ~$580,461 per provider (2026) damage cap. 3 years from act or omission OR 3 years from discovery. Full breakdown below.
Damage caps
SC Code Ann. § 15-32-220Non-economic damages cap
~$580,461 per provider (2026)
Total damages cap
~$1,740,000 (2026)
Status
active
Notes
Per provider/institution cap adjusted annually for inflation. Total cap applies across all defendants. Base amounts set by S.C. Code § 15-32-220. Cap does not apply to intentional or willful misconduct.
Statute of limitations
SC Code Ann. § 15-3-545Standard SOL
3 years from act or omission OR 3 years from discovery
Discovery rule
Yes; runs from when injury was or should have been discovered
Statute of repose
6 years from act or omission (formerly 7 years; verify current statute)
Minor exception
For minors: tolled during minority but absolute deadline of child's 13th birthday or standard repose, whichever is longer
Wrongful death SOL
3 years from date of death
Notes
Notice of intent to file required 90 days before suit. Expert affidavit required.
Beyond the lookup: South Carolina venue intelligence
Med-mal attorneys filing in South Carolina use Medistill for the next layer: state-specific verdict distributions, closed claims studies by specialty, NPDB-derived settlement bands, expert witness rosters with Daubert history, and 150+ compliance sources per defendant provider. Free 50 credits to start.
South Carolina med-mal FAQ
What is the medical malpractice statute of limitations in South Carolina?+
3 years from act or omission OR 3 years from discovery. Yes; runs from when injury was or should have been discovered Statute of repose: 6 years from act or omission (formerly 7 years; verify current statute). Wrongful death: 3 years from date of death. Notice of intent to file required 90 days before suit. Expert affidavit required. Source: SC Code Ann. § 15-3-545.
Does South Carolina have a medical malpractice damage cap?+
Non-economic cap: ~$580,461 per provider (2026). Total damages cap: ~$1,740,000 (2026). Per provider/institution cap adjusted annually for inflation. Total cap applies across all defendants. Base amounts set by S.C. Code § 15-32-220. Cap does not apply to intentional or willful misconduct. Source: SC Code Ann. § 15-32-220.
How does South Carolina handle the discovery rule in med-mal cases?+
Yes; runs from when injury was or should have been discovered
What is the South Carolina minor exception for medical malpractice?+
For minors: tolled during minority but absolute deadline of child's 13th birthday or standard repose, whichever is longer
What is the wrongful death statute of limitations for South Carolina medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. South Carolina damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed South Carolina attorney before relying on a deadline. Data refreshed May 2026.