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South Carolina · medical negligence

Medical negligence settlements
in South Carolina.

By 6 min read

South Carolina applies modified-51 comparative fault with an inflation-indexed medical-malpractice cap of roughly $540,000 against a single defendant. For medical negligence claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for South Carolina's modified comparative — 51% bar and any applicable statutory cap.

South Carolina applies modified comparative negligence with a 51% bar. A medical negligence claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability medical negligence cases where the comparative-fault split is close to even.

For medical negligence claims specifically, statutory caps frequently apply to non-economic damages or to total recovery — South Carolina's caps (medical malpractice cap) materially compress the upper end of the band. Catastrophic medical negligence cases that would otherwise produce seven- or eight-figure awards are routinely capped at the statutory ceiling.

band · US federal frame
$30,000 – statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. South Carolina's fault rule and any applicable cap then adjust the figure.

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 DakotaPure comparative 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.

editorial note

Figures on this page are starting points: the US band adjusted for South Carolina's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in South Carolina. See /methodology, /sources, and /disclaimer.