South Carolina Nursing Home Laws

SC Nursing Home Injury Law | Nursing Home Abuse Lawyer

Nursing Home Negligence or Abuse

Statute of Limitations S.C. Code Ann. §15-3-530

  • Three years from when the injury was discovered, or reasonably should have been discovered.

Damages Cap

  • None.

Medical Malpractice

Statute of Limitations S.C. Code Ann. §15-3-545

  • Three years from when the injury was discovered, or reasonably should have been discovered.
  • Action cannot be filed more than six years from date of injury.
  • If foreign object is discovered, statute of limitations runs two years from when it was discovered.
  • For minors, the statute is seven years from date of injury or one year after reaching 18 years, whichever period is shorter.

Damages Cap S.C. Code. Ann. §15-32-220

  • Non-economic damages capped at $350,000 for each claimant. Cap does not apply if the jury or court determines the defendant was "grossly negligent, willful, wanton, or reckless, and such conduct was the proximate cause of the claimants non-economic 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."
  • Punitive damages are capped at $350,000, or three times the compensatory damages.
  • Total claim with multiple providers capped at $1,050,000.

Wrongful Death

Statute of Limitations S.C. Code Ann. §15-3-530

  • Three years.

Damages Cap

  • None.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.