| Damage Caps |
In 2005, South Carolina enacted a $350,000 cap on noneconomic damages for a judgment against a single health care provider or institution. An award for noneconomic damages against two or more health care providers or institutions cannot exceed $1.05 million with a single provider or institution not liable for more than $350,000. These caps are adjusted annually for inflation based on the CPI. In 2024 the $350,000 cap was adjusted to $564,168 and the $1.05 cap to $1,692,503. South Carolina 15-32-200 et seq. |
| Joint Liability Reform |
Partially. Defendants who are less than 50% at fault are liable only for their proportionate share of negligence. Defendants who are equal to or greater than 50% at fault can be held jointly and severally liable. |
| Collateral Source Reform |
Collateral Source Rule applies. “The only requirement for qualification as a collateral source is that the source be “wholly independent of the wrongdoer.” New Foundation Baptist Church v. Davis, 257 S.C. 443, 186 S.E. 2d 247 (1972). |
| Attorney Fees Limited |
No |
| Periodic Payments Permitted |
No |
