South Carolina Complaint for Malpractice

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US-03342BG
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All professionals are subject to standards of conduct established by codes of professional ethics, by state statutes, and by judicial decisions. In their performance of contracts, professionals must exercise the established standard of care, knowledge, and judgment generally accepted by mem¬bers of their professional group.


Medical Malpractice can occur in any area of medicine in which a patient is injured as a result of poor medical treatment. The term "medical malpractice" refers to a health care provider's failure, either due to negligence or error, to treat a patient in accordance with the required standard of care, thus causing a patient to suffer harm.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Medical Malpractice Payouts By State StateNumber of CasesThe Average Payout per CaseSouth Carolina137$0.32 millionSouth Dakota11$0.27 millionTennessee108$0.28 millionTexas477$0.20 million48 more rows

The punitive damages cap in South Carolina is limited to three times the amount of compensatory damages or $500,000. For example, if compensatory damages (economic or non-economic) amount to $50,000, punitive damages would be $150,000.

A complaint against a licensee, or an unlicensed person practicing a profession or occupation that requires a license, may be made via the online complaint system or by calling (803) 896-4470. The complaining party is responsible for ensuring that all necessary information is included on the form.

Generally speaking, the statute of limitations for filing a medical malpractice lawsuit in South Carolina is three years from the date of the procedure that caused the injury or from the date when the injury was discovered or should have been discovered.

Annual increase in Non-Economic Damages Cap for Medical Malpractice Suits. 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.

Starting in 2023 in California, damages for pain and suffering resulting in a medical malpractice case are capped at $350,000 for cases not resulting in wrongful death. The new law also increases the amount that may be recovered by $40,000 until it maxes out at $750,000.

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South Carolina Complaint for Malpractice