E. Damages

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

E. Damages

Actual¹⁰⁰ and punitive¹⁰¹ damages may be awarded. There must be evidence that the defendant's conduct was willful, wanton, or in reckless disregard of the plaintiff's rights in order for punitive damages to be recovered.¹⁰²

By statute, in a medical malpractice claim when final judgment is rendered against a single health care provider or institution, the limit of civil liability for noneconomic damages of the health care provider is generally limited to $350,000 for each claimant, regardless of the number of separate causes of action on which the claim is based.¹⁰³ The statute does not limit the amount of punitive damages where the plaintiff is able to prove an entitlement to them as required by law.¹⁰⁴ The limitation for health care providers or institutions does not apply if the defendant was grossly negligent, willful, wanton, or reckless, and that conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records to avoid a claim or liability.¹⁰⁵

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Notes:

^[100] Rush v. Blanchard, 310 S.C. 375, 426 S.E.2d 802, 806 (1993) (award of $600,000 reduced $275,000 by remittur); King v. Williams, 276 S.C. 478, 279 S.E.2d 618 (1981) (award of $70,000 for failure to diagnose fracture-dislocation of foot or to consult specialist after injury failed to improve from...