Medical malpractice in South Carolina
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A South Carolina fact pattern
Medical malpractice in south-carolina.
Statute of limitations
3 years
S.C. Code § 15-3-545
Three years from the treatment or from discovery.
Repose: 6 years.
- Six-year outer wall from the occurrence. A 90-day notice of intent is procedure, not extra years.