South Carolina Medical Malpractice Attorneys

At DearLegal, we connect you with experienced South Carolina medical malpractice attorneys who know the Notice of Intent under S.C. Code § 15-79-125, the affidavit of expert witness, the indexed caps under § 15-32-220, and how to litigate against MUSC Health, Prisma Health, Roper St. Francis, McLeod Health, and Bon Secours St. Francis defense teams. Whether your injury happened in Charleston, Columbia, Greenville, or Myrtle Beach, we’ll match you with the right attorney — at no cost to get started.

A provider breaches the standard of care of a reasonably skilled provider in the same field, and the breach causes injury. Expert testimony is required.

S.C. Code § 15-32-220 caps non-economic damages at approximately $510,000 per defendant and $1,550,000 aggregate against multiple defendants in 2024, indexed annually. Economic damages are uncapped.

Physicians, nurses, dentists, hospitals (MUSC Health, Prisma Health, Roper St. Francis, McLeod Health, Bon Secours St. Francis, Spartanburg Regional, Lexington Medical Center), surgery centers, and LTC. MUSC Health is a state institution subject to the SC Tort Claims Act.

The 3-year SOL runs from discovery (S.C. Code § 15-3-545). The 6-year statute of repose is the outer limit, with foreign-object and concealment exceptions.

Under S.C. Code § 15-79-125, the plaintiff must serve a Notice of Intent to File Suit on each defendant at least 90 days before filing the complaint. The notice must be accompanied by an affidavit of an expert witness identifying the standard of care, how it was breached, and how the breach caused injury. Mandatory pre-suit mediation often follows.

MUSC Health and other state-affiliated providers are subject to the South Carolina Tort Claims Act (S.C. Code § 15-78-10 et seq.) — damages limited to $300,000 per person / $600,000 per occurrence, with separate notice and procedural requirements.

Affidavit-of-expert costs, standard-of-care experts, causation experts, mediation expenses, life-care planners, and economists typically push case-cost advances to $50,000–$200,000 in serious cases.

Why Do You Need a Medical Malpractice Attorney in South Carolina?

South Carolina caps non-economic damages in medical malpractice cases under S.C. Code § 15-32-220 — approximately $510,000 per defendant and $1.55 million aggregate against multiple defendants in 2024, with limits indexed annually for inflation. Economic damages are uncapped. The plaintiff must serve a Notice of Intent to File Suit under S.C. Code § 15-79-125 at least 90 days before filing, accompanied by an affidavit of an expert witness. Mandatory pre-suit mediation often follows. The 3-year SOL (S.C. Code § 15-3-545) runs from discovery, with a 6-year statute of repose. MUSC Health is a state institution subject to the South Carolina Tort Claims Act.

When Do You Need a Medical Malpractice Attorney in South Carolina?

Our network includes South Carolina medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in South Carolina

From the moment you connect with a South Carolina medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

Filing suit before serving the 90-day Notice of Intent with expert affidavit under § 15-79-125

Missing the 6-year statute of repose under § 15-3-545 (foreign-object aside)

Suing MUSC in circuit court without complying with the SC Tort Claims Act notice and caps

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Talking to hospital risk-management or quality-assurance staff without counsel

Failing to participate meaningfully in mandatory pre-suit mediation

Filing suit before serving the 90-day Notice of Intent with expert affidavit under § 15-79-125

Missing the 6-year statute of repose under § 15-3-545 (foreign-object aside)

Suing MUSC in circuit court without complying with the SC Tort Claims Act notice and caps

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Talking to hospital risk-management or quality-assurance staff without counsel

Failing to participate meaningfully in mandatory pre-suit mediation

Common South Carolina Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do South Carolina Medical Malpractice Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

South Carolina does not statutorily cap medical malpractice contingency fees in most cases (court approval applies for minor settlements). Typical fees range from 33% pre-suit to 40% at trial. Expert affidavit, mediation, and depositions push case-cost advances to $50,000–$200,000 in serious cases.

What Can Your South Carolina Medical Malpractice Compensation Include?

Economic Damages (No Cap)

Medical bills, future care, lost wages, lost earning capacity, life-care plans, and rehabilitation. South Carolina does not cap economic damages.

Non-Economic Damages (Indexed Cap)

Approximately $510,000 per defendant / $1,550,000 aggregate in 2024, indexed annually (S.C. Code § 15-32-220). Cap applies to pain, suffering, mental anguish, loss of enjoyment.

Punitive Damages

Available under S.C. Code § 15-32-510 for willful, wanton, or reckless conduct by clear and convincing evidence. Cap: greater of 3x compensatory or $500,000 (with higher tiers in specific cases).

Loss of Consortium

Spouse may recover for loss of companionship, services, and intimacy. Subject to the § 15-32-220 cap.

Wrongful Death

S.C. Code § 15-51-10 et seq. wrongful death damages — non-economic component subject to the cap framework; survival actions also available.

Tort Claims Act Cap (MUSC, State Providers)

South Carolina Tort Claims Act limits damages against state-affiliated providers to $300,000 per person / $600,000 per occurrence (S.C. Code § 15-78-120).

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

South Carolina Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in South Carolina?

When Do You Need a Medical Malpractice Attorney in South Carolina?

Types of Medical Malpractice Cases in South Carolina

Common South Carolina Medical Malpractice Mistakes

How Much Do South Carolina Medical Malpractice Attorneys Cost?

What Can Your South Carolina Medical Malpractice Compensation Include?

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