Health Justice Transformation - South Carolina
The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.
Caps on Non-Economic (Pain and Suffering) Damages
$350,000 cap on non-economic damages for a judgment against a healthcare provider or institution. An award for non-economic damages against two or more healthcare providers or institutions cannot exceed $1.05 million with a single provider or institution not liable for more than $350,000. Cap adjusts annually based on CPI.
Joint Liability for Multiple Defendants
Partially. Defendants who are equal to or less than 50% at fault are liable for their proportional share of negligence. Defendants who are greater than 50% at fault can be held jointly and severally liable.
Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit
No
Provisions for the Periodic Payment of Damages Over Time Fees
No
Limitation of Plaintiff’s Attorneys Fees
No
Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures
Within 90 days after the notice of intent to file suit and affidavit of merit are filed, the parties must participate in a mediation conference.
Standards for Expert Testimony/Witness
Expert testimony must be introduced to prove the defendant did not meet the standard of care unless a lay person would be capable of inferring negligence. An expert who signs an affidavit of merit must hold a license in the state in which he/she practices, and maintain board certification or have actual knowledge and experience in the area or specialty on which the opinion of the standard of care is based.
