South Carolina Medical Malpractice Settlement Calculator
Estimate South Carolina medical malpractice settlement — $350K base / ~$580K CPI-indexed per-defendant cap (§15-32-220). Real SC statutes, landmark verdicts, attorney fee structure.
South Carolina medical malpractice claims are governed by S.C. Code §15-3-545 (Med-Mal SOL + Repose): 3 years from act or discovery of injury, whichever occurs first. Of the 3 landmark South Carolina medical malpractice awards documented on this page, the largest is $40.4M (Confidential v. Radiologists (McGowan, Hood, Felder & Phillips); 2022).
SC: $350K base / ~$580,461 CPI-INDEXED per-defendant non-economic cap (2025), ~$1.74M aggregate. 3-yr SOL + 6-yr absolute repose (§15-3-545). Mandatory Notice of Intent + expert affidavit (§15-79-125) + 90–120 day mediation. Modified comparative 51% bar (Nelson 1991). Avg payout ~$165K, median ~$85K (NPDB).
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Cómo se compara su estimación
Basado en 529,804 pagos por negligencia médica reportados al National Practitioner Data Bank (2000–2025):
Source: Análisis del NPDB of the HRSA National Practitioner Data Bank, Public Use Data File, 2000-2025 payment reports. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor
South Carolina Medical Malpractice — Key Framework
South Carolina caps non-economic damages under §15-32-220. The 2005 base of $350,000 per claimant per defendant is CPI-adjusted annually by the SC Revenue and Fiscal Affairs Office. The 2025 adjusted cap is approximately $580,461 per defendant, with a combined multi-defendant cap of ~$1,741,383 (base $1.05M aggregate, indexed). Economic damages are uncapped. Gross-negligence exception restructure (H.4544) is pending Senate signature.
SOL: 3 years from act or discovery of injury, whichever occurs first (§15-3-545), with an absolute 6-year statute of repose barring all claims regardless of discovery. Foreign-object exception: 2 years from discovery, minimum 3 years from placement. Minors: tolled up to 7 years from act or 1 year after disability ceases.
Pre-suit Notice of Intent + Expert Affidavit required under §15-79-125 — filed in a county of proper venue before suit, accompanied by an expert affidavit meeting §15-36-100 standards. Filing tolls SOL. Within 90–120 days of service, mandatory mediation is required. Failure to comply is fatal to the claim. Modified comparative negligence (51% bar) under Nelson v. Concrete Supply Co. (1991) — plaintiff barred if more than 50% at fault.
Key SC Med-Mal Statutes
South Carolina med-mal framework key provisions:
S.C. Code §15-3-545
Med-Mal SOL + ReposeStandard: 3 years from act or discovery of injury, whichever occurs first. Absolute 6-year statute of repose bars all claims regardless of discovery. Foreign object exception: 2 years from discovery, minimum 3 years from placement. Minors: tolled up to 7 years from act or 1 year after disability ceases.
S.C. Code §15-32-220
Non-Economic Damages Cap (CPI-Indexed)Standard: Non-economic damages capped at $350,000 per claimant per defendant (2005 base), CPI-adjusted annually by the SC Revenue and Fiscal Affairs Office. 2025 adjusted cap: approximately $580,461 per defendant; combined multi-defendant cap approximately $1,741,383. Economic damages are uncapped. H.4544 (2025-2026) restructures gross-negligence exception — pending Senate signature.
S.C. Code §15-79-125
Mandatory Pre-Suit Notice of Intent + Expert AffidavitStandard: Before filing suit, plaintiff must file a Notice of Intent to File Suit accompanied by an expert affidavit (meeting §15-36-100 standards) in a county of proper venue. Filing tolls all applicable statutes of limitations. Within 90–120 days of service, parties must participate in mandatory mediation. Failure to comply is fatal to the claim.
S.C. Code §15-79-110
Medical Malpractice Standard of Care DefinitionStandard: Medical malpractice is defined as doing that which a reasonably prudent health care provider or institution would not do, or failing to do that which such a provider would do, in the same or similar circumstances. Applies to all licensed health care providers and institutions including hospitals, ambulatory surgical facilities, nursing homes, and renal dialysis facilities.
Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)
Modified Comparative Negligence — 51% BarStandard: South Carolina applies modified comparative negligence with a 51% bar: plaintiff barred from recovery if 51% or more at fault; recovery reduced proportionally below that threshold. In multi-defendant cases, plaintiff's negligence is compared to the combined negligence of all defendants. No statutory codification — governed by common law since this 1991 SC Supreme Court decision.
Recovery Structure
Economic damages: medical bills, lost wages, future care — uncapped. Non-economic: pain & suffering, loss of consortium — capped at ~$580,461 per defendant (2025 CPI-indexed). Punitive: rare in med-mal, requires gross negligence or willful misconduct (§15-32-520). State-specific caps and exceptions apply — see Damage Caps section.
Expert Requirements + Attorney Fees
Expert testimony required: standard of care (§15-79-110), deviation, and causation must be established by a qualified expert practicing in the same or substantially similar field as the defendant. Pre-suit Notice of Intent + Expert Affidavit (§15-79-125): filed before complaint, tolls SOL; mandatory mediation within 90–120 days of service. Attorney fees: typically 33-40% contingency, no recovery = no fee.
Damage Caps
Non-economic cap: $350K base CPI-indexed to ~$580,461 per defendant (2025), aggregate ~$1,741,383 across all defendants (§15-32-220). Economic damages uncapped. Punitive damages capped under §15-32-520 (greater of 3× compensatory or $500K) — rare in med-mal absent gross negligence. H.4544 (2025-2026): pending Senate signature, restructures the gross-negligence exception that historically lifted the cap.
SC Med-Mal Verdicts + Averages
South Carolina verdicts and average payouts reflect state-specific framework. Avg payout ~$165,000, median ~$85,000 (NPDB-derived). Fault law: Modified Comparative (51% bar). Notable: confidential <strong>$40.35M settlement (2022)</strong> — state record; <em>Gartrell v. Aiken Regional Medical Centers</em> <strong>$13.75M triple-amputation verdict (2017)</strong>.
| Amount | Year | Case / Injury |
|---|---|---|
| $40.4M | 2022 | Confidential v. Radiologists (McGowan, Hood, Felder & Phillips) — Radiologists missed neuroblastoma on newborn chest X-ray; delayed diagnosis caused tumor to grow into spinal canal resulting in permanent paralysis from the chest down, severe scoliosis, and multiple surgeries. Believed to be the largest single-plaintiff personal injury settlement in South Carolina history. |
| $13.8M | 2017 | Gartrell v. Aiken Regional Medical Centers — Delayed treatment of septic shock resulting in triple amputation — both legs below the knee, left arm below the elbow, and fingers on right hand. Surgeon performed advanced laparoscopic surgery without adequate training. Verdict: $10M economic + $3.75M non-economic. |
| $6.9M | 2016 | Loud v. Short, No. 2013-CP-10-5902 (S.C. Ct. Com. Pleas, Charleston County) — Radiologist misread 2008 mammogram as benign; plaintiff Leanna Loud diagnosed with invasive breast cancer in 2010 that metastasized to terminal stage by 2013. Charleston County jury returned $6.9M verdict after nearly two-week trial. |
South Carolina Medical Malpractice FAQs
What is South Carolina's cap on medical malpractice damages?
$350,000 per claimant per defendant at the 2005 base, CPI-adjusted annually by the SC Revenue and Fiscal Affairs Office. The 2025 adjusted cap is approximately $580,461 per defendant, with combined multi-defendant aggregate of ~$1,741,383 (§15-32-220). Economic damages are uncapped. Punitive damages capped under §15-32-520 (3× compensatory or $500K, whichever greater). Pending H.4544 (2025-2026) restructures the gross-negligence exception.
What is the South Carolina medical malpractice statute of limitations?
3 years from the act or discovery of the injury, whichever occurs first (§15-3-545), with an absolute 6-year statute of repose barring all claims regardless of when discovered. Foreign-object exception: 2 years from discovery, minimum 3 years from placement. Minors: tolled up to 7 years from the act or 1 year after disability ceases, whichever is later.
Do I need a Notice of Intent and expert affidavit before filing in South Carolina?
Yes — §15-79-125 requires a Notice of Intent to File Suit filed in a county of proper venue before the complaint, accompanied by an expert affidavit meeting §15-36-100 standards. Filing the Notice tolls all applicable statutes of limitations. Within 90–120 days of service, parties must participate in mandatory mediation. Failure to comply with these pre-suit requirements is fatal to the claim.
How does South Carolina's modified comparative negligence work?
Under common law established in Nelson v. Concrete Supply Co. (1991), South Carolina applies a modified comparative negligence 51% bar: a plaintiff is barred from recovery if found more than 50% at fault. If 50% or less at fault, recovery is reduced by the plaintiff's fault percentage. Example: 30% at fault on a $500,000 verdict → recover $350,000.
What are the largest South Carolina medical malpractice verdicts and settlements?
$40.35M confidential settlement (2022) — reported as the largest med-mal settlement in SC history (parties under confidentiality). Gartrell v. Aiken Regional Medical Centers (2017): $13.75M jury verdict in a triple-amputation case arising from a missed sepsis diagnosis. Most cases settle in the $85K (median) to $165K (average) range per NPDB-derived data, with high-severity cases (catastrophic injury, wrongful death) reaching the per-defendant cap or higher when multiple defendants share liability.
Pending SC Med-Mal Issues
Active legal developments (as of April 2026):
- Non-economic damage cap under §15-32-220 is CPI-adjusted annually — confirm the current year's published amount with the SC Revenue and Fiscal Affairs Office before filing. The 2025 figure was approximately $580,461 per defendant ($1,741,383 combined multi-defendant), but the 2026 figure may differ. H.4544 (passed SC House 116-0 March 2026, pending Senate as of May 2026) restructures the gross-negligence exception.
- The $40.35M (2022) and several other major verdicts/settlements are confidential — case names, parties, and amounts may not be independently verifiable from public court records. Confirmed via SC Lawyers Weekly and plaintiff's law firm press releases only.
- Modified comparative negligence in SC is governed by common law (Nelson 1991), not statute — no codified rule exists. Legislative codification attempts should be monitored for any change to the 51% bar.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- law.justia.com/codes/south-carolina/title-15/chapter-3/section-15-3-545
- law.justia.com/codes/south-carolina/title-15/chapter-32/section-15-32-220
- law.justia.com/codes/south-carolina/title-15/chapter-79/section-15-79-125
- www.scstatehouse.gov/code/t15c079.php
- law.justia.com/cases/south-carolina/supreme-court/1991/23303-2.html
- sclawyersweekly.com/news/2022/11/10/medical-malpractice-settlement-results-in-record-40-4m-payout
- www.mcgowanhood.com/2017/03/06/mcgowan-hood-felder-obtains-13-75-million-medical-malpractice-verdict-aiken-regional-medical-centers-sc-client
- rfa.sc.gov/page/data-research/inflation-adjustments-legal-proceedings
Other State Medical Malpractice Calculators
New York
NO caps, 2.5-yr SOL, Lavern's Law cancer exception, $595M 2024 (highest US)
California
MICRA 2026: $470K/$650K caps phasing to $750K/$1M by 2033
Florida
NO caps post-Estate of McCall 2014, §766.106 pre-suit + expert affidavit
Texas
$250K/$750K hard caps never inflation-adjusted, §74.351 expert report fatal
Illinois
NO caps post-Lebron 2010, §5/2-622 expert affidavit at filing, Cook County
Pennsylvania
NO caps (constitutional bar Art. III §18), MCARE Act, 2-yr SOL
Ohio
$250K/$500K caps (R.C. §2323.43), 1-yr SOL, affidavit of merit
New Jersey
NO general cap, $350K punitive cap, Affidavit of Merit Statute
Michigan
$521K/$929K caps (MCL §600.1483), 6-mo notice + 182-day pre-suit
Washington
NO caps (Sofie 1989), 3-yr SOL, certificate of merit RCW §7.70.150
Georgia
NO non-economic cap (Nestlehutt 2010), $250K punitive cap, 2-yr SOL + 5-yr repose, OCGA §9-11-9.1 affidavit required
North Carolina
$712,847 cap (CPI-indexed), PURE CONTRIBUTORY (any fault = $0), 3-yr SOL + 4-yr repose, Rule 9(j) certification
Arizona
NO cap (Constitution Art. 2 §31), 2-yr SOL no repose, pure comparative negligence, Banner $31.5M 2024
Massachusetts
$500K cap (NOT inflation-indexed, jury-lifted exceptions), Tribunal §60B, 3-yr SOL + 7-yr repose, modified comparative 51%
Virginia
$2.70M TOTAL cap (combined econ+non-econ), PURE CONTRIBUTORY (any fault = $0), 2-yr SOL + 10-yr repose, §8.01-20.1 certification
Colorado
$530K cap (2026, rising to $875K by 2029 under HB24-1472), Banner Health v. Gresser 2025 = $39.8M cap-exceedance, 2-yr SOL + 3-yr repose, modified comparative 50%
Maryland
$920K cap (2026, +$15K/yr fixed from 2009 $650K base), MANDATORY HCADRO pre-suit arbitration, 3-yr SOL or 5-yr repose (earlier of), Certificate of Qualified Expert §3-2A-04(b)
Missouri
Dual cap $481K non-cat / $842K cat (2026, +1.7%/yr). Original cap struck Watts 2012, reinstated 2015 as statutory cause. 2-yr STRICT occurrence (no discovery rule). Pure comparative fault.
Minnesota
NO cap. SOL just cut 4→2 years (Aug 2025, SF3489). Mandatory 2-affidavit expert system §145.682. Modified comparative 50%. Thapa $111M (2022) largest MN history, reduced to $11.25M.
Indiana
$1.8M TOTAL cap (provider $500K + PCF $1.3M). PURE CONTRIBUTORY for qualified providers (any fault = $0). Mandatory 3-doctor review panel pre-suit. 2-yr strict occurrence (no discovery rule).
Tennessee
$750K/$1M catastrophic non-econ cap §29-39-102 (face renewed constitutional challenge 2025), 1-yr SOL + 3-yr repose §29-26-116, 60-day pre-suit notice §29-26-121, modified comparative 49% bar
Connecticut
NO statutory cap (judicial remittitur §52-228c only check at >$1M), 2-yr SOL + 3-yr repose §52-584 (among shortest in US), pre-suit good-faith certificate §52-190a, modified comparative 51% bar
Louisiana
$500K TOTAL MMA cap §40:1231.2 + uncapped future medical via PCF, MANDATORY Medical Review Panel §40:1231.8 before suit (unique to LA), 1-yr SOL + 3-yr repose §9:5628, cap unchanged since 1975
Nevada
$590K cap (2026, escalating $80K/yr to $750K by 2028 then 2.1% CPI) §41A.035 AB 404 2023, 2-yr discovery / 3-yr occurrence SOL §41A.097 (post-Oct 2023), expert affidavit at filing §41A.071, modified 51% bar §41.141
Main Medical Malpractice Calculator
Nationwide med-mal overview
Other Calculators for South Carolina
Each South Carolina calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses South Carolina verdict data where available.