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★ South Carolina · medical negligence

Medical negligence settlements
in South Carolina.

By Reviewed by Abd Shanti, Founder9 min read

South Carolina caps malpractice noneconomic damages at a $350,000 base per provider, adjusted each year for inflation, unless the jury finds gross negligence or recklessness. In obstetric emergencies such as shoulder dystocia, a separate law requires proof of gross negligence before a doctor is liable, and two families lost on that ground.

Facts that decide a medical negligence claim in South Carolina

Malpractice cap$350,000 per claimant against a single provider or institution and $1,050,000 in total against several, adjusted each year by the Revenue and Fiscal Affairs Office for inflation; economic damages are not capped.S.C. Code § 15-32-220(A) to (F)
Obstetric and emergency careIn certain emergency and obstetric situations, a provider is liable only for gross negligence.S.C. Code § 15-32-230, applied in Smalling v. Maselli (S.C. Ct. App. 2022)
Fault ruleA plaintiff “may recover damages if his or her negligence is not greater than that of the defendant,” with the award reduced by that share; with several defendants, the comparison is to their combined negligence.Nelson v. Concrete Supply Co. (S.C. 1991)
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★ SC · reported medical negligence outcomes

What South Carolina courts have awarded.

Real South Carolina decisions and verdicts, each linked to the court record or official report.

  • Smalling v. Maselli
    South Carolina Court of Appeals · 2022
    Judgment for doctor affirmed

    In April 2013, after an uncomplicated pregnancy, a baby’s head delivered with the cord around his neck and his shoulder then stuck under his mother’s pubic bone, an obstetric emergency called shoulder dystocia. The doctor and nurses performed maneuvers to free him. The family sued for his birth injuries, and the court upheld applying the gross negligence standard for obstetric emergencies.

  • Byrd v. McLeod Physician Associates
    South Carolina Court of Appeals · 2019
    New trial denied; affirmed

    During an October 2009 delivery, Julia B.’s shoulder became stuck, and her mother alleged the obstetrician mismanaged the shoulder dystocia, causing a permanent brachial plexus nerve injury to her right arm. The trial court declined to rule the obstetric emergency statute inapplicable as a matter of law, and the Court of Appeals affirmed the denial of a new trial.

★ SC · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in South Carolina.

  1. 1

    Birth injury cases involving shoulder dystocia face the gross negligence standard, as Smalling and Byrd show.

  2. 2

    The cap can fall away. A finding of recklessness or gross negligence removes the noneconomic limit, as in Pratt (2025).

  3. 3

    Economic damages such as lifetime care are never capped in South Carolina malpractice cases.

★ SC · statute of limitations
3 years from date of injury

S.C. Code Ann. § 15-3-530

★ SC · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ SC · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in South Carolina.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How South Carolina's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
South Carolina · you are hereModified comparative, 51% bar3 years from date of injury—
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · medical negligence →
TexasModified comparative, 51% bar2 years from date of injuryTX · medical negligence →
VirginiaPure contributory negligence2 years from date of injuryVA · medical negligence →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · medical negligence →
AlabamaPure contributory negligence2 years from date of injuryAL · medical negligence →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence →
VermontModified comparative, 51% bar3 years from date of injuryVT · medical negligence →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · medical negligence →
WyomingModified comparative, 51% bar4 years from date of injuryWY · medical negligence →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · medical negligence →
South DakotaSlight versus gross negligence3 years from date of injurySD · medical negligence →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · medical negligence →
★ SC · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in South Carolina. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of SC
South Carolina overview

Fault rule, statute, caps, and key facts for South Carolina as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in South Carolina. See /methodology, /sources, and /disclaimer.