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Medical Professional Liability State Profile:

South Carolina 

PRA New Business Paper
#9 ProAssurance State Rank
#32 Market Rank
$97,660,068 Size of MPL Market

CME Requirements

Credit Amount
South Carolina requires physicians to complete 40 hours of AMA PRA Category 1™ and/or AOA Category 1 CME credits per licensure cycle.

Licensure Cycle
Biennial—beginning on July 1 and expiring on June 30 of odd-numbered years.

Topics
In addition to requiring AMA PRA Category 1™ and/or AOA Category 1 CME hours, 30 hours of the required 40 must be on topics pertaining to the physician’s specialty. Physicians must complete 3 CME training hours each renewal cycle on the topic of safe prescribing and monitoring of controlled substances.

CME requirements listed above were accurate when posted, but CME state requirements change frequently. Due to COVID-19, certain states may have modified their licensure requirements. Physicians should confirm South Carolina’s current requirements provided by the South Carolina Board of Medical Examiners.

Physician Market Comparison

South Carolina = $58,554,971
About the same as Oklahoma ($64,608,595)
Ohio is about twice the size ($113,469,930)
Delaware is about half the size ($25,493,81)

Region

Southeast

New Business Paper

ProAssurance

Tort Laws

Limits on damages for pain and suffering: $580,461 cap on non-economic damages per provider/claimant up to $1,741,383 maximum (annually indexed to inflation on 12/31)
  • S.C. Code Ann. § 15-32-220
Limits on contingent attorney fees: None
Reform of collateral source rule: None
Periodic payment of future damages: None
Statute of limitations: 3 yrs or 3 yrs from discovery; 6 yr max; 2 yrs Foreign Object exception
  • S.C. Code Ann. § 15-3-545

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: If ascertainable, i.e., is a sum certain or is capable of being reduced to certainty, 8.75%.
  • S.C. Code Ann. § 34-31-20(A); Smith-Hunter Constr. Co. v. Hopson, 616 S.E.2d 419 (S.C. 2005)
Prejudgment Accrual Date: When, by agreement or operation of law, the payment was demandable.
  • Dixie Bell, Inc. v. Redd , 656 S.E.2d 765 (S.C. Ct. App. 2007); S.C. Code Ann. § 34-31-20(A)
  • Offer of Judgment: An offer of judgment can impact the recovery of interest. See § S.C. Code Ann. 15-35-400; SCRCP Rule 68
Post-Judgment Rate: Contract rate, or, if none, the prime rate, as calculated in § 34-31-

20(B), plus 4%, compounded annually.

  • Renaissance Enters., Inc. v. Ocean Resorts, Inc., 513 S.E.2d 617 (S.C. 1999); S.C. Code Ann. § 34-31-20(B)
Post-Judgment Accrual Date: Date of judgment
  • Renaissance Enters., Inc. v. Ocean Resorts, Inc., 513 S.E.2d 617 (S.C. 1999); S.C. Code Ann. § 34-31-20(B)

One-party or two-party state

South Carolina is a one-party state.

In South Carolina, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Carolina, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.

  • S.C. Code Ann. §§ 17-30-30; 17-30-15

Abortion Law

Now that the Supreme Court has overturned Roe:

South Carolina is enforcing a six-week abortion ban after the state Supreme Court declared the ban constitutional on August 23, 2023.