In the state of SC, a victim of medical negligence is entitled to compensation for economic damages, non-economic damages, and, in rare cases, punitive damages.
Economic damages cover financial damages from past and future medical bills, past and future loss of income lost earning capacity, and in the event of wrongful death, funeral expenses. This gives the person the right to recover any quantifiable financial losses caused by the injury sustained.
Non-economic damages refer to the familiar term "pain and suffering." This entitles a person to receive compensation for emotional distress, loss of quality of life, and loss of consortium (compensation for the spouse). In South Carolina, non-economic damages are capped at $350,000 in cases against a single health care provider. For cases involving multiple health care providers, the cap is $1,050,000.
Finally, an individual may be awarded punitive damages. Punitive damages are intended to punish the responsible party and deter future mistakes. Punitive damages are rarely awarded in SC medical negligence cases but are capped at $500,000 or three times the amount of economic and non-economic damages combined.