South Carolina Medical Malpractice Settlement Calculator
Estimate what a South Carolina medical malpractice claim might be worth. South Carolina caps non-economic (pain-and-suffering) damages at $596,001. Economic damages are not capped. This is an estimate to understand the factors — not a prediction or an offer.
A rough estimate, not a prediction or an offer.
Medical malpractice is one of the hardest claims to prove and value. This shows how South Carolina's damage cap and fault rule shape a rough range — actual outcomes depend on expert proof of the standard of care, the facts, and negotiation. Consult a South Carolina medical-malpractice attorney about your case.
South Carolina damage cap
South Carolina caps non-economic (pain-and-suffering) damages at $596,001. Economic damages are not capped.
Enter the medical bills and losses to see an estimated range
This estimator applies the multiplier method to your medical bills, then South Carolina's medical-malpractice damage cap and comparative-fault rule. It does not assess whether the provider actually breached the standard of care, which is the core of any med-mal case and requires expert testimony. Most states also require a pre-suit affidavit/certificate of merit and have a short, strict filing deadline. This is not legal advice and RecordingLaw.com is not a law firm.
South Carolina's Medical Malpractice Damage Cap
South Carolina caps non-economic (pain-and-suffering) damages at $596,001. Economic damages are not capped.
SC Code § 15-32-220 caps noneconomic damages in medical malpractice cases. The statutory base is $350,000 per claimant against a single healthcare provider/institution, INDEXED ANNUALLY to the Consumer Price Index by the Revenue and Fiscal Affairs Office (RFA). For 2026 the inflation-adjusted limit is approximately $596,001 per claimant against a single provider/institution, with an aggregate cap of approximately $1,788,002 (three times the single-provider figure) when multiple providers/institutions are liable — each defendant remains limited to the single-provider amount per claimant. (2025 figure was $580,461 single-provider.) Exceptions in § 15-32-220(B): the cap does NOT apply where the defendant was grossly negligent, willful, wanton, or reckless, or acted in bad faith, or where the cap would deprive the plaintiff of a constitutional remedy — in which case noneconomic damages are uncapped.
Source: S.C. Code Ann. § 15-32-220 (with annual CPI adjustment under subsection (F)).
Deadline to File a South Carolina Malpractice Claim
South Carolina generally requires a medical-malpractice lawsuit to be filed within 3 years (the statute of limitations). S.C. Code § 15-3-545: 3 years from the date of the act/omission OR 3 years from discovery (when it reasonably ought to have been discovered), not to exceed a 6-year statute of repose from the occurrence. Foreign-object cases: 2 years from discovery (but no less than 3 years after the object was left). Minors: SOL may be tolled but not to exceed 7 years (younger minors) / generally up to 1 year after turning 18. Miss the deadline and the claim is usually barred no matter how strong it is, so do not wait to talk to an attorney.
How the Estimate Works
No tool can predict a malpractice settlement. This estimator adds your economic damages (medical bills and lost wages, which are generally not capped), estimates pain and suffering with the multiplier method, then applies South Carolina's damage cap and comparative-fault rule. The hard part of any malpractice case — proving the provider breached the standard of care — is assumed here and must be established with expert testimony. Use the pain and suffering calculator to explore the non-economic piece, or read about what different injuries are worth.
Frequently Asked Questions
Does South Carolina cap medical malpractice damages?
South Carolina caps non-economic (pain-and-suffering) damages at $596,001. Economic damages are not capped.
How much is a South Carolina malpractice case worth?
No one can tell you a number in advance. A rough estimate adds your economic damages (medical bills, lost wages) and a pain-and-suffering multiplier, then applies South Carolina's damage cap and fault rule. The real value depends on proving the standard of care was breached, the facts, and negotiation — an attorney is the only way to value your specific case.
How long do I have to file in South Carolina?
Generally 3 years. S.C. Code § 15-3-545: 3 years from the date of the act/omission OR 3 years from discovery (when it reasonably ought to have been discovered), not to exceed a 6-year statute of repose from the occurrence. Foreign-object cases: 2 years from discovery (but no less than 3 years after the object was left). Minors: SOL may be tolled but not to exceed 7 years (younger minors) / generally up to 1 year after turning 18.
Are economic damages capped?
In most cap states, no — caps usually apply only to non-economic (pain and suffering) damages, while medical bills and lost wages are recovered in full. A few states (like Indiana, Louisiana, Nebraska, New Mexico, and Virginia) cap total damages instead.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value, especially the cap — not a prediction or an offer. Real malpractice settlements vary enormously and depend on expert proof. Treat any number here as a ballpark and consult a South Carolina malpractice attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. Medical-malpractice law, including damage caps, changes frequently and caps are often litigated; figures are current as of 2026-06-02. The value of a malpractice claim can only be assessed by a licensed attorney reviewing your specific facts and the medical record.