South Carolina law
Medical Malpractice Laws in South Carolina.
South Carolina medical malpractice law has significant pre-suit requirements: a Notice of Intent to File Suit, an expert affidavit, and mandatory mediation — all before a lawsuit can proceed. The statute of limitations is 3 years with a 6-year repose. Non-economic damages are capped at $580,461 per defendant ($1,741,383 total for all defendants). The same 51% comparative fault bar applies.
Last verified: 2026-02-25
State law
Statute of Limitations
Medical malpractice actions must be filed within 3 years of the treatment/omission or 3 years from discovery. An absolute 6-year statute of repose applies from the date of the act. Filing a Notice of Intent tolls all applicable limitations during the pre-suit period.
State law
Fault & Liability Rules
South Carolina's comparative fault rules apply to medical malpractice. A patient who is 51% or more at fault is completely barred from recovery.
State law
Damage Caps
Non-economic damages are capped at $580,461 per defendant (inflation-adjusted). Total cap for all defendants: $1,741,383. No cap on economic damages.
State law
Filing Requirements
Must name all defendants, contain a statement of facts, and include standard interrogatories. Filed in the county of proper venue before any lawsuit.
Filed contemporaneously with the Notice of Intent. Must specify at least one negligent act or omission and its factual basis. Expert must meet qualification requirements.
Required within 90-120 days of service of the Notice of Intent (up to 60-day extension for good cause). All parties must participate. If unresolved, the plaintiff may then file the civil action.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.
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