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Damage Caps in South Carolina Medical Malpractice Cases

  • Doctors sometimes act negligently or make careless mistakes, and that means patients are left suffering. Your doctor might have been careless with your safety, injuring you or leaving you more ill than before. In such a case, you may be considering a medical malpractice claim.

    It’s a painful situation, and worse, it can be tough to get the full compensation you deserve through a medical malpractice claim. You can expect doctors and hospitals to fight back, and they’re even protected by damage caps under South Carolina law.

    Before you file your claim, you’ll need to talk to a lawyer about your case and how medical malpractice damage caps will affect you.  


    Non-Economic Damages and Medical Malpractice

    First, note that your economic damages will not be affected. The costs of your medical expenses, household accommodations, and lost wages are not capped. Instead, it’s your non-economic damages that are subject to caps.

    Non-economic damages are the non-financial losses you suffer after an injury. For example, let’s say your doctor made a negligent mistake that left you with chronic pain and impaired mobility, making you unable to enjoy your life.

    Non-economic damages are meant to provide compensation for suffering like that. These damages often warrant much more compensation than simple medical bills or lost income would, but they’re the ones that are subject to caps.


    How Will Damage Caps Affect Malpractice Claims in South Carolina?

    Under South Carolina law, you’ll only be able to receive $350,000 in non-economic damages in a medical malpractice claim against one provider or institution. If more than one doctor or institution is responsible for your suffering, you can receive $1.05 million at most for your non-economic damages. And no single defendant can be held responsible for more than $350,000.


    A Lawyer Can Help

    An attorney from HawkLaw, PA can help you maximize the compensation you receive through your medical malpractice claim. While you may be limited by damage caps, we can still help you make sure you receive as much compensation as possible.

    If you’re struggling with a medical malpractice case, you may need to team up with someone who can fight for the full compensation you deserve. It’s tough to fight back against a doctor when you’re already struggling with injuries or illnesses, so call a qualified and experienced lawyer.

    If you’re ready to get started, contact us for a free consultation. Call 1-888-HAWK-LAW (429-5529) or visit us online to get started on your medical malpractice claim.