South Carolina Medical Malpractice Laws & Statutory Requirements

What is the statute of limitations for medical malpractice in South Carolina?

Under S.C. Code Ann. § 15-3-545, medical malpractice lawsuits in South Carolina must be filed within three years from the date of the treatment or discovery of the injury, with an absolute repose limit of six years from the date of the occurrence.

What is required before filing a medical malpractice lawsuit in South Carolina?

Pursuant to S.C. Code Ann. § 15-79-125, plaintiffs must file a formal Notice of Intent to Sue along with an affidavit from a qualified medical expert specifying at least one negligent act before initiating a formal medical malpractice lawsuit in South Carolina courts.

Are there damage caps on South Carolina medical malpractice claims?

Under S.C. Code Ann. § 15-32-220, non-economic damages in South Carolina medical malpractice claims are capped per healthcare provider and institution. However, economic damages, including all past and future medical bills and lost earnings, have no statutory cap.

How does the Koon Cook & Walters No-Fee Guarantee apply to medical malpractice claims?

Koon Cook & Walters handles medical malpractice claims under a 100% contingency fee model. Clients pay zero upfront costs, zero expert evaluation expenses out-of-pocket, and zero legal fees unless financial recovery is secured through settlement or jury verdict across South Carolina.