South Carolina has raised the limits on how much money an injured person collects for pain and suffering in a medical malpractice case to $546,869.
That is an increase from 2022 of about $36,000.
If there are more than three defendants, the total amount an injured person can collect from all medical defendants in non-economic damages cannot exceed $1,637,608. That’s an increase of about $100,000 from last year.
The new limits were published on Feb. 24, 2023, in the State Register.
Non-economic damages are intangible damages not tied to an actual expense. Examples of non-economic damages include past and future pain, suffering, loss of enjoyment of life, and mental and emotional distress.
The South Carolina General Assembly has long placed maximum limits on how much money a jury can compensate someone who is injured because of medical malpractice, regardless of the person’s actual damages.
The state Board of Economic Advisors increases the limit each fiscal year based on inflation.
The new caps on noneconomic damages only affect cases in which the defendant is a private, for-profit healthcare provider. The General Assembly has instituted lower limits on medical malpractice claims against governmental and non-profit institutions. Caps on compensable damages against governmental and non-profit entities do not increase annually.If you have a question about a potential medical malpractice claim, call the Kahn Law Firm at (845) 203-9990.