Medical Malpractice:

South Carolina

State: South Carolina
Link to State Law:  South Carolina Code of Laws

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to South Carolina state law, contact an experienced attorney.

Statute of Limitations: In order to meet the statute of limitations, a medical malpractice action in South Carolina must be commenced within 3 years of the act or omission giving rise to the injury, or 3 years from the date the injury was or reasonably should have been discovered. In cases involving a retained foreign body, the action may be filed within the initial three year period, or within two years of discovery. No medical malpractice action may be filed more than six years from the date of the underlying act or omission. If the case involves a minor, the statute of limitations may not be tolled more than seven years after the date of the act or omission giving rise to the claim, or one year after the minor's eighteenth birthday, whichever is less.

Minimum Qualifications of Expert Witnesses: South Carolina law does not require medical malpractice expert witnesses to meet any specific minimum qualifications in order to testify in a case.

Limitations on Monetary Damages:
There are no caps on the damages that can be awarded in a medical malpractice case in South Carolina.

Limitations on Attorney Fees: The state of South Carolina does not limit attorney fees in medical malpractice lawsuits.