Medical Malpractice Settlements in South Carolina

If you have been involved in a medical malpractice in South Carolina, understanding how the state's personal injury laws affect your claim is essential. South Carolina follows the modified comparative fault (50% bar) system, and you have 3 years from the date of your injury to file a lawsuit.

Medical Malpractice Settlement Range in South Carolina

Nationally, medical malpractice settlements range from $50,000 to $1,000,000. In South Carolina, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.

Low

$50,000

Estimated

$250,000

High

$1.0M

How South Carolina Law Affects Your Medical Malpractice Claim

South Carolina uses a modified comparative fault system with a 51% bar and does not cap non-economic damages in personal injury cases. The state historically applied contributory negligence, but adopted comparative fault in 1991. South Carolina's growing population, particularly in the Charlotte and Charleston metro areas, has increased the volume of personal injury litigation.

Under South Carolina's modified comparative fault (50% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 50% or more.

Factors Affecting Medical Malpractice Claims in South Carolina

✓Deviation from accepted standard of care
✓Severity and permanence of resulting harm
✓Expert witness testimony and credibility
✓Causation between negligence and injury
✓State damage caps on malpractice awards
✓Patient's pre-existing conditions
✓Future medical care requirements

Common Medical Malpractice Injuries

Birth injuries (cerebral palsy, Erb's palsy)Surgical complications and errorsMisdiagnosis leading to disease progressionAnesthesia errorsMedication overdose or wrong drug administeredHospital-acquired infectionsNerve damage from procedures

Relevant South Carolina Statutes

•S.C. Code Ann. § 15-3-530 (statute of limitations)
•S.C. Code Ann. § 15-38-15 (modified comparative fault, 51% bar)
•S.C. Code Ann. § 47-3-110 (dog bite strict liability)

Medical Malpractice Claims in South Carolina Cities

If your medical malpractice occurred in Columbia, Charleston, North Charleston, Mount Pleasant, Rock Hill, or anywhere else in South Carolina, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.

Calculate Your Claim →← Medical Malpractice South Carolina Laws →

This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.