In a Charleston medical malpractice case, South Carolina law may allow injured patients and their families to seek economic damages, non-economic damages, and in limited situations, punitive damages. However, medical malpractice claims are subject to specific statutory rules, including caps on non-economic damages, procedural requirements, and strict timelines. Understanding how these rules work is essential before pursuing a claim.
This guide explains the types of compensation that may be available, how South Carolina law shapes recovery, and how these issues commonly arise in Charleston-area medical malpractice cases—without offering legal advice.
Understanding Medical Malpractice Compensation in South Carolina
Medical malpractice cases differ from other personal injury claims because they involve licensed healthcare providers, complex medical evidence, and laws designed to balance patient rights with the realities of medical practice.
In South Carolina, compensation in medical malpractice cases is generally intended to:
- Address financial losses
- Recognize human and emotional harm
- Deter extreme or reckless conduct in rare cases
Each category of damages serves a different purpose and is treated differently under state law.
Economic Damages: Financial Losses You May Be Able to Claim
Economic damages are often the foundation of a Charleston medical malpractice case. These damages are tied to actual, measurable financial losses resulting from the injury.
Common types of economic damages include:
- Past medical expenses related to the negligent care
- Future medical costs, such as corrective surgeries, rehabilitation, or long-term treatment
- Prescription medications and medical equipment
- Physical therapy, occupational therapy, or speech therapy
- In-home care or nursing assistance
- Lost wages for time missed from work
- Loss of future earning capacity if the injury affects long-term employment
Unlike non-economic damages, economic damages in South Carolina medical malpractice cases are generally not subject to statutory caps. This makes them particularly significant in cases involving permanent injury, disability, or long-term medical needs.
In practice, economic damages often require detailed documentation, including medical records, billing statements, and employment information.
Non-Economic Damages: Pain, Suffering, and Life Impact
Non-economic damages compensate for losses that are real but not tied to a specific dollar amount. These damages address how the injury affects a person’s quality of life.
In a Charleston medical malpractice case, non-economic damages may include:
- Physical pain and ongoing discomfort
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Physical impairment or permanent disability
- Disfigurement or scarring
- Loss of companionship or consortium for a spouse
South Carolina law defines non-economic damages broadly, recognizing that medical negligence can impact far more than a patient’s finances.
South Carolina’s Cap on Non-Economic Damages
Medical malpractice cases in South Carolina are subject to statutory caps on non-economic damages. The law sets a base limit per claimant against a single healthcare provider or healthcare institution, with higher combined limits when multiple defendants are involved. These caps are adjusted annually for inflation, meaning the exact dollar amount can change from year to year.
Exceptions to the Cap
South Carolina law allows exceptions where the non-economic damages cap may not apply, including situations involving:
- Gross negligence
- Willful, wanton, or reckless conduct
- Fraud or misrepresentation
- Intentional alteration or destruction of medical records to avoid liability
These exceptions exist in the statute, but they require specific factual findings and are not assumed in every case.
Punitive Damages: Rare but Recognized Under South Carolina Law
Punitive damages are designed to punish particularly egregious conduct and discourage similar behavior in the future. They are not intended to compensate for losses.
In medical malpractice cases, punitive damages are uncommon and generally require proof that goes beyond ordinary negligence. South Carolina law also places statutory limits on punitive damages in many cases, often tying the maximum amount to a multiple of compensatory damages or a fixed dollar threshold, with certain statutory exceptions.
Because of their limited and highly regulated nature, punitive damages are typically not the primary focus of a medical malpractice claim.
Compensation in Fatal Medical Malpractice Cases
When medical negligence results in death, South Carolina law allows two distinct but related types of claims.
Wrongful Death Claims
A wrongful death claim is brought by the personal representative of the estate on behalf of surviving family members. These claims focus on the losses suffered by the family due to the death.
Potential damages may include:
- Loss of financial support the deceased would have provided
- Loss of companionship, care, and guidance
- Emotional suffering of surviving family members
- Funeral and burial expenses
The beneficiaries of a wrongful death claim are determined by South Carolina statute, typically prioritizing a surviving spouse and children.
Survival Actions
A survival action addresses the losses the injured person could have pursued had they lived. This may include:
- Medical expenses incurred before death
- Conscious pain and suffering experienced prior to death
In medical malpractice cases, non-economic damages in survival actions may still be subject to statutory caps, depending on the defendants and circumstances involved.
Procedural Rules That Affect Compensation
Even when damages are available in theory, South Carolina’s medical malpractice laws impose procedural requirements that influence how a claim proceeds.
Notice of Intent and Expert Affidavit
Before filing a medical malpractice lawsuit, South Carolina generally requires:
- A Notice of Intent to File Suit
- A supporting expert affidavit from a qualified medical professional
This requirement exists to ensure claims are supported by expert medical opinion and often plays a key role in evaluating the strength of potential damages.
Statute of Limitations and Repose
Medical malpractice claims are subject to strict deadlines. In most cases, a claim must be initiated within:
- Three years from the date of treatment, omission, or discovery of the injury
- With an outer limit that generally does not exceed six years from the date of the alleged malpractice
Missing these deadlines can affect whether compensation can be pursued at all.
How These Issues Commonly Arise in Charleston Medical Malpractice Cases
Charleston’s healthcare landscape includes major hospitals, specialized providers, and high-volume medical facilities. As a result, local malpractice cases often involve:
- Complex medical records
- Multiple healthcare providers or institutions
- Disputes over long-term care needs and future medical costs
Understanding how South Carolina’s damage caps, procedural requirements, and compensation rules apply is critical when evaluating a potential claim in this region.
How Kahn Law Firm LLP Approaches Medical Malpractice Claims
At Kahn Law Firm LLP, medical malpractice cases are handled as part of a broader commitment to representing individuals harmed by serious negligence.
The firm’s work in this area is grounded in:
- Careful evaluation of medical records and expert opinions
- Understanding South Carolina’s medical malpractice statutes and damage limitations
- Identifying all potentially responsible providers or institutions
- Presenting damages clearly and accurately based on the evidence
Medical malpractice cases often intersect with broader personal injury principles, which is why they are addressed within the firm’s dedicated personal injury practice.
Why Compensation Analysis Matters Early in a Medical Malpractice Case
For individuals and families considering a medical malpractice claim, understanding potential compensation early helps set realistic expectations.
Key points to keep in mind include:
- Economic damages often drive the overall value of serious malpractice cases
- Non-economic damages may be limited by statute, even in severe injury cases
- Punitive damages are possible but uncommon
- Fatal malpractice cases may involve multiple types of claims
Every case depends on its own facts, medical evidence, and legal framework.
Taking the Next Step
If you or a loved one has been harmed by medical negligence in the Charleston area, learning how South Carolina law approaches compensation is an important first step.
Kahn Law Firm LLP represents individuals in medical malpractice and other serious injury matters throughout South Carolina. To learn more about the firm, its personal injury practice, or its approach to medical malpractice cases, you may reach out through the firm’s contact page or call 843-920-5690.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.