Noneconomic damages · South Carolina
For Noneconomic damages, state is South Carolina; cap amount is three hundred fifty thousand dollars for each claimant, and the limit of civil liability for noneconomic damages for all health care institutions and health care providers is limited to an amount not to exceed one million fifty thousand dollars for each claimant, except as provided in subsection (E); currently effective amount is As of December 31, 2025, $596,001 against a single provider and institution and $1,788,002 against all providers and institutions; inflation adjustment is At the end of each calendar year, the Revenue and Fiscal Affairs Office, Board of Economic Advisors must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of December 31 of the previous year, and the limitation on compensation for noneconomic damages pursuant to subsection (A), (B), or (C) must be increased or decreased accordingly; constitutional status is Cap enacted; source does not address validity, recorded from its source on 2026-09-21.
- State
- South Carolina our reading
- Type of cap
- Noneconomic damages our reading
- Cap amount
- three hundred fifty thousand dollars for each claimant, and the limit of civil liability for noneconomic damages for all health care institutions and health care providers is limited to an amount not to exceed one million fifty thousand dollars for each claimant, except as provided in subsection (E) verified
- Currently effective amount
- As of December 31, 2025, $596,001 against a single provider and institution and $1,788,002 against all providers and institutions our reading
- Inflation adjustment
- At the end of each calendar year, the Revenue and Fiscal Affairs Office, Board of Economic Advisors must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of December 31 of the previous year, and the limitation on compensation for noneconomic damages pursuant to subsection (A), (B), or (C) must be increased or decreased accordingly. verified
- Constitutional status
- Cap enacted; source does not address validity our reading
- Statutory citation
- 15-32-220 verified
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
(C) In an action on a medical malpractice claim when final judgment is rendered against more than one health care institution, or more than one health care provider, or any combination thereof, the limit of civil liability for noneconomic damages for each health care institution and each health care provider is limited to an amount not to exceed three hundred fifty thousand dollars for each claimant, and the limit of civil liability for noneconomic damages for all health care institutions and health care providers is limited to an amount not to exceed one million fifty thousand dollars for each claimant, except as provided in subsection (E). (D)(1) The provisions of this section do not limit the amount of compensation for economic damages suffered by each claimant in a medical malpractice claim. (2) The provisions of this section do not limit the amount of punitive damages in cases where the plaintiff is able to prove an entitlement to an award of punitive damages as required by law. (E) The limitations for noneconomic damages rendered against any health care provider or health care institution do not apply if the jury or court determines that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant.
— scstatehouse.gov, retrieved 2026-09-21
Where each value comes from
This source states these in separate places, so each value is shown with the passage that states it.
Currently effective amount
As of December 31, 2025, the index increased by 70.3 percent from a value of 190.3 in December 2004 to 324.054 in December 2025. With this inflation factor, the limit against a single health care provider and a health care institution for each claimant for civil liability for noneconomic damages on medical malpractice claims when final judgment is rendered increases to $596,001. Also, the limit against all health care providers and all health care institutions for each claimant for civil liability for noneconomic damages on medical malpractice claims increases to $1,788,002.
Inflation adjustment
(F) At the end of each calendar year, the Revenue and Fiscal Affairs Office, Board of Economic Advisors must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of December 31 of the previous year, and the limitation on compensation for noneconomic damages pursuant to subsection (A), (B), or (C) must be increased or decreased accordingly. As soon as practicable after this adjustment is calculated, the Director of the Revenue and Fiscal Affairs Office shall submit the revised limitation on compensation to the State Register for publication pursuant to Section 1-23-40(2), and the revised limitation becomes effective upon publication in the State Register.
Statutory citation
SECTION 15-32-220. Noneconomic damages limit; exceptions; annual adjustment based on Consumer Price Index.
— all from scstatehouse.gov, retrieved 2026-09-21
Sources
- scstatehouse.govhttps://www.scstatehouse.gov/code/t15c032.php
- scstatehouse.govhttps://www.scstatehouse.gov/state_register.php?first=FILE&pdf=1&file=Sr50-2.pdf