South Carolina Medical Malpractice Laws

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

Statute of Limitations

3 years (6-year repose)S.C. Code Ann. § 15-3-545(A)

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.

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Nelson v. Concrete Supply Co. (1991)

South Carolina's comparative fault rules apply to medical malpractice. A patient who is 51% or more at fault is completely barred from recovery.

Damage Caps

Non-Economic Damages (Per Defendant): $580,461S.C. Code Ann. § 15-32-220

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.

Filing Requirements

Notice of Intent to File SuitS.C. Code Ann. § 15-79-125

Must name all defendants, contain a statement of facts, and include standard interrogatories. Filed in the county of proper venue before any lawsuit.

Expert AffidavitS.C. Code Ann. §§ 15-79-125, 15-36-100

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.

Mandatory Pre-Litigation MediationS.C. Code Ann. § 15-79-125

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.

Official Sources

SC Code — Medical Malpractice SC Department of Insurance

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at SC Code — Medical Malpractice. For advice about your specific situation, consult a licensed attorney.

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