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Statute of Limitations

Actions must commence within 3 years of the act or omission causing the injury, or 3 years from the date the injury was or reasonably should have been discovered

Comparative or contributory negligence

modified comparative negligence, plaintiff may recover damages if his negligence is less than or equal to that of all the defendants

Nature of accused's liability

Joint and several liability for defendants found to be 50% or less at fault for the plaintiff's injury is limited by declaring they pay no more than double their pro rate share of damages

Law of contribution

joint defendants have a right to contribution

Expert testimony standards

South Carolina does not impose special restrictions on expert testimony

Limits on compensation

none

Limits on attorney fees

none

Collateral Source rule enforced

A defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources.

State and local health care providers immune from liabaility

South Carolina has waived soverign immunity to a certain extent.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability