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Medical Professional Liability State Profile:

South Carolina 

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#5 ProAssurance State Rank
#30 Market Rank
$97,280,715 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
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.

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%

  • 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)
  • C. Code Ann. § 34-31-20(A)

Post-Judgment Tort Actions 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)
  • 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)
  • 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 & S.C. Code Ann. § 17-30-15

South Carolina law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy.

It is against the law to be an eavesdropper or peeping tom on or about the premises of another person or to go to another person’s premises for the purpose of eavesdropping or becoming a peeping tom. Peeping tom, as used in this section, refers to both those who use the unaided eye and those who use audio and video equipment to invade other people’s privacy while they are inside their premises. S.C. Code Ann. § 16‐17‐470(A)

Tort Laws

Limits on damages for pain and suffering: $564,168 cap on noneconomic damages per provider/claimant up to $1,692,503 maximum (annually indexed to inflation on 12/31)
  • 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 years or 3 years from discovery; 6 year max; 2 years Foreign Object exception

  • C. Code Ann. § 15-3-545

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.