Is there a limit on how much could be recovered in a medical malpractice lawsuit in South Carolina?

A medical malpractice lawsuit typically seeks compensation for past and future medical expenses, lost wages, pain and suffering and other losses. While there is no limit on the economic losses that can be recovered, there is a “cap” on non-economic damages in most cases.

In other words, a medical malpractice lawsuit would seek compensation that recovers money that you have already lost because of your injury and money that is likely to be lost through future expenses or due to your reduced earning capacity.

Correctly projecting future losses is important when malpractice injuries have left a patient with a permanent condition, or disability. Such an individual is likely to need medical care and/or personal assistance for the rest of his or her life and may not be able to work for a living.

South Carolina caps non-economic damages in medical malpractice lawsuits at $350,000 from each healthcare provider or healthcare institution, except in cases that include grossly negligent, willful, wanton or reckless action, fraud or misrepresentation or the destruction or alteration of medical records to avoid liability.

What you might obtain in a lawsuit, of course, depends on the unique circumstances of your case. Our goal would be to recover what you have lost and to ensure your financial well-being for the future.

Posted in: Medical Malpractice FAQ