South Carolina Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
Per Defendant
Statutory Reference
S.C. Code Ann. § 15-32-220
Exceptions to Cap
- Gross negligence
- Fraud
- Intentional intent to harm
South Carolina caps noneconomic damages at $350,000 per defendant, up to an aggregate total of $1,050,000 for all defendants. The cap is adjusted annually for inflation and is waived entirely for gross negligence or fraud.
Frequently Asked Questions
What is the damage cap per defendant in South Carolina?
Under S.C. Code Ann. § 15-32-220, noneconomic damages are capped at $350,000 against a single healthcare provider or institution.
What is the absolute maximum cap in South Carolina?
If there are multiple defendants, the maximum aggregate noneconomic cap is $1,050,000.
Are there exceptions to the South Carolina cap?
Yes. The cap does not apply if the jury finds the defendant acted with gross negligence, fraud, or intentional intent to harm.
Related Calculation Tools
Calculate and track other legal and financial metrics for South Carolina: