Caps on Non-Economic Damages: How Local Laws May Limit Medical Malpractice Claims
When you or a loved one has been harmed by a medical mistake, you expect to be fully compensated. But in South Carolina, there are legal limits, known as caps on non-economic damages, that restrict how much you can recover for pain, suffering, and emotional harm.
At Miller Law, LLC, we know how confusing and frustrating these rules can feel. This guide breaks down exactly what these caps mean for you, when they may not apply, and what steps you can take to maximize your recovery.
Understanding Economic vs. Non-Economic Damages
In a medical malpractice case, your losses fall into two main categories:
Economic damages (no cap in SC):
- Medical bills (past and future)
- Lost income and reduced earning ability
- Rehabilitation, home modifications, and assistive devices
Non-economic damages (capped in SC):
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent impairment
- Loss of companionship
Economic damages are straightforward and uncapped. Non-economic damages, the “human losses”, are harder to measure, and South Carolina law sets strict limits on them in malpractice cases.
South Carolina’s Cap on Non-Economic Damages
South Carolina law (SC Code § 15-32-220) places limits on non-economic damages in medical malpractice cases:
- Single provider or institution: Non-economic damages are capped at $350,000 per claimant (before inflation adjustment).
- Multiple defendants: Each defendant can be liable up to $350,000, but the total non-economic damages cannot exceed $1,050,000 for one claimant.
- Annual inflation adjustment: Each year, the South Carolina Revenue & Fiscal Affairs Office updates the cap based on the Consumer Price Index.
Exceptions: When the Cap Does Not Apply
The law provides important exceptions. The cap may be lifted if:
- A provider acted with gross negligence, recklessness, willful or wanton misconduct
- There was fraud or misrepresentation connected to the malpractice
- Medical records were altered or destroyed to avoid liability
If a jury or court finds one of these applies, you may recover full non-economic damages without the statutory limit.
Why This Matters for Patients in Charleston and Across SC
These caps can drastically reduce compensation, even in cases of life-changing injury. For example:
- A jury might award $2 million for pain and suffering, but the law requires the judge to reduce it to the cap.
- If multiple providers are involved, structuring your case properly can be the difference between a $564,000 recovery and $1.6 million.
- Timing matters: because caps are adjusted each year, when your judgment is entered can change the maximum amount available.
Strategies to Maximize Recovery
At Miller Law, LLC, we work with clients to make the most of every available option:
- Build a strong economic damage claim. Since these are uncapped, documenting future medical costs, lost wages, and care needs is essential.
- Document non-economic harm thoroughly. Pain journals, photos, and expert testimony help show the true impact on your life.
- Investigate exception triggers. Evidence of recklessness, fraud, or altered records can allow you to bypass the cap.
- Structure claims carefully. Naming multiple responsible defendants properly may increase the overall recovery.
- Request tailored jury instructions. Your attorney must ask the court to let jurors decide whether the cap applies.
- Consider settlement strategy. Sometimes negotiating with defendants near the cap produces the best outcome.
Practical Checklist if You Suspect Malpractice
- Start a daily journal of your pain, emotional struggles, and limitations
- Gather all medical records and bills
- Talk to a qualified South Carolina malpractice attorney as soon as possible
- Ask about exception factors (recklessness, fraud, altered records)
- Ensure your lawyer builds a strong case for both economic and non-economic damages
Conclusion
South Carolina’s cap on non-economic damages is a tough reality, but it doesn’t mean justice is out of reach. With careful preparation, strong evidence, and experienced local counsel, you can still secure the maximum compensation allowed, and sometimes more if exceptions apply.
If you have questions about your case or want to know how these rules may affect your recovery, contact Miller Law, LLC. We are here to provide clarity and fight for the compensation you and your family deserve.
Disclaimer – This blog is for general information only. It’s not legal advice. Every case is different. If you’ve been in a wreck, speak with a licensed attorney in South Carolina to get advice for your specific situation.
