How much is your medical malpractice case truly worth? This is usually the first question people ask when a doctor, surgeon, or hospital’s mistake results in pain, rising medical bills, and uncertainty about their future. The simple reality is that each case is unique. However, examining the key factors influencing compensation can give you a clearer idea of what a reasonable settlement might be in your case.
McCravy, Newlon, & Clardy Law Firm works on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Our experienced Greenville medical malpractice lawyers have been representing injured South Carolinians for three decades. Call 866-MCCRAVY for a free consultation if you believe you were harmed by medical negligence in Greenville or elsewhere in the state.
What Determines the Value of a Medical Malpractice Case?
No two malpractice cases are worth the same amount. Several key factors shape medical malpractice compensation.
Severity of your injuries. A surgical error that causes temporary discomfort is valued very differently from one that results in permanent disability or the need for lifelong care. The more serious and lasting the harm, the higher the potential recovery.
Strength of the evidence. Medical malpractice cases hinge on proving that a provider fell below the accepted standard of care. Strong medical records, clear documentation of the error, and credible testimony all strengthen a claim’s value.
Impact on your quality of life. If your injuries prevent you from working, enjoying hobbies, or caring for your family, those losses factor into the value of your case.
Degree of negligence. Cases involving reckless or egregious conduct, such as operating on the wrong body part or ignoring critical test results, often carry higher value than cases involving a less obvious error.
Types of Damages Available in South Carolina Malpractice Cases
Medical malpractice compensation in South Carolina generally falls into two main categories.
Economic damages
These cover the financial losses you can document with bills, receipts, and records, including:
- Past and future medical expenses (surgeries, rehabilitation, medication, assistive devices)
- Lost wages and lost earning capacity
- Future care costs for ongoing treatment or in-home care
- Out-of-pocket expenses related to your injury
There’s no cap on economic damages in South Carolina medical malpractice cases. The state’s non-economic damages statute does not limit the amount of compensation for economic damages.
Non-economic damages
These address the harder-to-measure ways malpractice has affected your life:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (in wrongful death cases)
South Carolina does place limits on non-economic damages in malpractice claims, which we’ll cover next.
Does South Carolina Cap Medical Malpractice Damages?
Yes, but only for non-economic damages. Under S.C. Code Ann. § 15-32-220, when a judgment is rendered against a single health care provider, non-economic damages are capped at $350,000 per claimant. When multiple health care providers or institutions are involved, the total cap on non-economic damages increases to $1,050,000 per claimant.
Here’s what’s important to understand: these caps apply only to non-economic damages. They don’t limit economic damages or punitive damages. And the caps may not apply at all if the health care provider’s conduct was grossly negligent, willful, wanton, or reckless.
This means that in cases involving catastrophic injuries with high medical costs and lost income, the total malpractice settlement or verdict can be well above these caps because economic damages have no ceiling.
How Fault Affects Your Malpractice Recovery
South Carolina’s negligence rules can reduce or even eliminate your compensation. The state applies a 51% bar to fault: if you share blame for your injuries, your recovery is reduced proportionally, but if a jury decides you bear 51% or more of the responsibility, you receive nothing at all.
What does this look like in a malpractice case? A hospital or physician may argue that the patient missed follow-up appointments, withheld symptoms from the care team, or ignored discharge instructions. These arguments are designed to shift blame. A skilled attorney anticipates these strategies and builds a record that keeps the focus on the provider’s deviation from the standard of care.
Why Qualified Medical Testimony Matters
Winning a medical malpractice case in South Carolina requires expert involvement from the outset. State law (S.C. Code Ann. § 15-79-125) mandates that before a lawsuit can proceed, the plaintiff must serve a Notice of Intent to File Suit accompanied by an expert’s affidavit confirming the provider deviated from the accepted standard of care.
Beyond meeting this threshold, medical testimony is critical for calculating damages. Qualified medical professionals can testify about your prognosis, the cost of future care, your lost earning capacity, and how your injuries affect your daily life. Without strong medical testimony, insurance companies will undervalue your claim.
Assembling the right panel of medical professionals is one of the most consequential steps in any malpractice case, and it’s a core reason why working with an attorney who handles these claims regularly makes a measurable difference.
Need help understanding what your case might be worth? Call McCravy, Newlon, & Clardy at 866-MCCRAVY for a free consultation. We have seven offices across South Carolina, including our Greenville office at 2 Butternut Drive.
Don’t wait: South Carolina’s Filing Deadline
South Carolina law imposes strict time limits on medical malpractice claims. S.C. Code Ann. § 15-3-545 sets a three-year window measured from the date of the treatment that caused the injury for most cases. If the harm wasn’t immediately apparent, the clock may instead start on the date you discovered (or reasonably should have discovered) the injury, but an absolute six-year outer limit applies regardless.
Because malpractice cases require extensive investigation, medical record review, and locating qualified witnesses, starting early gives your attorney the best chance to build a strong case.
Frequently Asked Questions About Medical Malpractice Compensation
What is the average malpractice settlement in South Carolina?
There’s no single “average” that’s meaningful because every case is different. Settlements vary widely based on the severity of injuries, the strength of evidence, and the degree of negligence. A case involving a minor complication will settle for far less than one involving permanent disability or death. The best way to understand the value of your case is to speak with an experienced attorney.
How do insurance companies value malpractice claims?
Insurers look at the severity of injury, the clarity of the medical error, total economic losses, and the likelihood of a large jury verdict. They also consider jurisdiction, witness credibility, and the patient’s pre-existing health conditions. Their goal is to pay as little as possible, which is why having strong legal representation matters.
How much does it cost to hire a malpractice attorney?
McCravy, Newlon, & Clardy work on a contingency fee basis. That means no fee unless we win. You don’t pay us anything unless we recover compensation for you, and your initial consultation is completely free.
Talk to an Experienced Greenville Medical Malpractice Attorney
You shouldn’t have to piece together a complex malpractice case on your own. McCravy, Newlon, & Clardy brings three decades of trial and negotiation experience to every claim we take on, handling the legal heavy lifting while you concentrate on getting better.
Your first consultation costs nothing, and you owe us nothing unless we secure a recovery on your behalf. We maintain seven offices statewide, in Greenville, Spartanburg, Anderson, Columbia, and beyond, so help is always close by.
Call 866-MCCRAVY today to get started.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.