If you have suffered damages as a result of medical malpractice, then you should know that malpractice suits can be complex affairs. One of the details many overlook is the non-economic medical malpractice damages limitation, or medical malpractice cap. The medical malpractice cap determines the maximum amount of compensation a plaintiff can be awarded in the event their case is successful. Non-economic damages can stem from pain and suffering, mental anguish, loss of enjoyment, and more. The medical malpractice cap changes each year, and has steadily been on the rise in recent years.
What is the Cap?
The medical malpractice cap is based on the Consumer Price Index, which is published by the Department of Labor. With inflation on the rise, so too have been the medical malpractice caps. As of December 2023, the medical malpractice cap against a single healthcare provider and a healthcare institution for each claimant is $564,168, an increase of 3.4% year-over-year. The medical malpractice cap against all healthcare providers and healthcare institutions for each claimant has risen to $1,692,503.
When to File
When it comes to filing a malpractice suit in South Carolina, timeliness is key. According to South Carolina Law § 15-3-545, in order to recover damages for injury to your person arising out of any medical, surgical, or dental treatment by a licensed healthcare professional, action must be taken within three years from the date of treatment. This means that you must file suit within that three years, or else you risk falling outside the statute of limitations, and may be unable to recover damages related to that injury. If you would like us to assist you in filing a medical malpractice case, call us at (843) 995-5000 for a free consultation.