Medical malpractice

2025-2026 Bill 4544: Medical malpractice - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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Indicates Matter Stricken
Indicates New Matter
H. 4544
STATUS INFORMATION
General Bill
Sponsors: Reps. Jordan, W. Newton, M.M. Smith, B.L. Cox and Davis
Document Path: LC-0244HDB25.docx
Introduced in the House on May 8, 2025
Introduced in the Senate on March 26, 2026
Last Amended on March 25, 2026

Currently residing in the Senate
Summary: Medical malpractice
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

5/8/2025

House

Introduced and read first time (
House Journal-page 45
)

5/8/2025

House

Referred to Committee on
Judiciary
(
House Journal-page 45
)

3/3/2026

House

Member(s) request name added as sponsor: M.M.
Smith, Cox, Davis

3/24/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 16
)

3/25/2026

Scrivener's error corrected

3/25/2026

House

Amended (
House Journal-page 40
)

3/25/2026

House

Read second time (
House Journal-page 40
)

3/25/2026

House

Roll call Yeas-116 Nays-0 (
House Journal-page 44
)

3/26/2026

House

Read third time and sent to Senate (
House Journal-page 33
)

3/26/2026

Senate

Introduced and read first time (
Senate Journal-page 11
)

3/26/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 11
)

4/22/2026

Senate

Recalled from Committee on
Judiciary
(
Senate Journal-page 3
)

5/12/2026

Senate

Read second time (
Senate Journal-page 41
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
05/08/2025
03/24/2026
03/25/2026
03/25/2026-A
04/22/2026

Indicates Matter Stricken

Indicates New Matter

Recalled

April 22, 2026

H. 4544

Introduced
by Reps. Jordan, W. Newton, M. M. Smith, Cox and Davis

S. Printed 4/22/26--S.

Read the first time March 26, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY
AMENDING SECTION
15-32-220
, RELATING TO NONECONOMIC DAMAGES LIMIT AND
EXCEPTIONS, SO AS TO PROVIDE GUIDELINES FOR INTENT TO HARM, FELONY CONVICTIONS,
AND INFLUENCE OF ALCOHOL AND OTHER DRUGS; BY AMENDING SECTION
15-78-30
,
RELATING TO DEFINITIONS FOR PURPOSES OF THE TORT CLAIMS ACT, SO AS TO REVISE
THE MEANING OF "OCCURRENCE"; BY AMENDING SECTION
15-78-120
, RELATING TO
LIMITATION ON LIABILITY, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH THE
LIMITATIONS MUST BE INCREASED OR DECREASED; AND BY AMENDING SECTION
33-56-180
,
RELATING TO LIMITED LIABILITY OF CHARITABLE ORGANIZATIONS, SO AS TO MAKE
CONFORMING CHANGES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION
1.
S
ection
15-32-220
(E) of the S.C. Code is amended
to read:

(
E)
The limitations for noneconomic
damages rendered against any
health care
healthcare
provider or
health care
healthcare
institution do not apply if the jury or court
determines
by clear and convincing evidence
that
the defendant
was grossly negligent, wilful, wanton, or
reckless, and such conduct was the proximate cause of the claimant's
noneconomic damages, or if the defendant has engaged in fraud or
misrepresentation related to the claim, or if the defendant altered or destroyed
medical records with the purpose of avoiding a claim or liability to the
claimant.
:

(1)
acted in a wilful, wanton, or reckless manner;

(2)
has pled guilty to or been convicted of a felony arising out of the same course
of conduct complained of by the plaintiff and that the act or course of conduct
is a proximate cause of the plaintiff's damages;

(3)
acted or failed to act while under the influence of alcohol or drugs to the
degree that his judgment was materially and appreciably impaired; or

(
4) the defendant has engaged in fraud
or misrepresentation related to the claim.

S
ECTION
2.
S
ection
15-78-30
(g) of the S.C. Code is amended
to read:

(
g) "Occurrence" means an unfolding
sequence of events which proximately flow from a single act of negligence.
For purposes of this chapter, where multiple acts or omissions
constituting negligence occur without a break in the causal chain, and result
in substantially the same injury, harm, or damages, such acts or omissions
shall be deemed a single occurrence, regardless of whether committed by one or
more individuals or entities.

S
ECTION
3.
S
ection
15-78-120
of the S.C. Code is amended to
read:

S
ection
15-78-120
.
(a)
(
A)
For any action or claim for damages brought under the
provisions of this chapter, the liability shall not exceed the following
limits:

(
1)
Except as provided in Section
15-78-120
(a)(3), no person shall recover in any
action or claim brought hereunder a sum exceeding
three
six
hundred thousand dollars because of loss arising from
a single occurrence regardless of the number of agencies or political
subdivisions involved.

(
2)
Except as provided in Section
15-78-120
(a)(4), the total sum recovered
hereunder arising out of a single occurrence shall not exceed
six hundred
one million two hundred

thousand dollars regardless of the number of agencies or political subdivisions
or claims or actions involved.

(
3)
No person may recover in any action or claim brought hereunder against any
governmental entity and caused by the tort of any licensed physician or
dentist, employed by a governmental entity and acting within the scope of his
profession, a sum exceeding
one
two
million
two
four
hundred thousand dollars because of loss arising
from a single occurrence regardless of the number of agencies or political
subdivisions involved.

(
4)
The total sum recovered hereunder arising out of a single occurrence of
liability of any governmental entity for any tort caused by any licensed
physician or dentist, employed by a governmental entity and acting within the
scope of his profession, may not exceed
one
two
million
two
four
hundred thousand dollars regardless of the number of
agencies or political subdivisions or claims or actions involved.

(
5)
The provisions of Section
15-78-120
(a)(3) and (a)(4) shall in no way limit or
modify the liability of a licensed physician or dentist, acting within the
scope of his profession, with respect to any action or claim brought hereunder
which involved services for which the physician or dentist was paid, should
have been paid, or expected to be paid at the time of the rendering of the
services from any source other than the salary appropriated by the governmental
entity or fees received from any practice plan authorized by the employer
whether or not the practice plan is incorporated and registered with the
Secretary of State.

(b)
(
B)
No award for damages under this chapter shall include
punitive or exemplary damages or interest prior to judgment.

(c)
(
C)
In any claim, action, or proceeding to enforce a
provision of this chapter, the signature of an attorney or party constitutes a
certificate by him that he has read the pleading, motion, or other paper; that
to the best of his knowledge, information, and belief formed after reasonable
inquiry it is well-grounded in fact and is warranted by existing law or a good
faith argument for the extension, modification, or reversal of existing law,
and that it is not interposed for any improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of litigation. If a
pleading, motion, or other paper is not signed, it shall be stricken unless it
is signed promptly after the omission is called to the attention of the pleader
or movant. If a pleading, motion, or other paper is signed in violation of this
rule, the court, upon motion or upon its own initiative, shall impose upon the
person who signed it, a represented party, or both, an appropriate sanction,
which may include an order to pay the other party or parties the amount of the
reasonable expenses incurred because of the filing of the pleading, motion, or
other paper, including a reasonable attorney's fee.

S
ECTION
4.
S
ection
33-56-180
of the S.C. Code is amended to
read:

S
ection
33-56-180
.
(
A) A person sustaining
an injury or dying by reason of the tortious act of commission or omission of
an employee of a charitable organization, when the employee is acting within
the scope of his employment, may recover in an action brought against the charitable
organization only the actual damages he sustains in an amount not exceeding the
limitations on liability imposed in the South Carolina Tort Claims Act in
Chapter 78 of Title 15. An action against the charitable organization pursuant
to this section constitutes a complete bar to any recovery by the claimant, by
reason of the same subject matter, against the employee of the charitable
organization whose act or omission gave rise to the claim unless it is alleged
and proved
by clear and convincing evidence
in the
action that the employee
:

(
1)
acted in a reckless,
wilful, or
wanton
grossly
negligent
manner
,
;

(
2) has pled guilty to or been
convicted of a felony arising out of the same act or course of conduct
complained of by the plaintiff and that the act or course of conduct is a
proximate cause of the plaintiff's damages;

(
3) acted or failed to act while under
the influence of alcohol or drugs to the degree that his judgment was
materially or appreciably impaired; or

(
4) the employee has engaged in fraud
or misrepresentation related to the claim.

(
B)
and
the
The
employee must be joined properly as
a party defendant. A judgment against an employee of a charitable organization
may not be returned unless a specific finding is made that the
conduct of the
employee
acted in a
reckless, wilful, or grossly negligent manner
falls
within one or more of the four categories set forth above
. If the
charitable organization for which the employee was acting cannot be determined
at the time the action is instituted, the plaintiff may name as a party
defendant the employee, and the entity for which the employee was acting must
be added or substituted as party defendant when it reasonably can be
determined.

(B)
(
C)
If the actual damages from the injury or death giving
rise to the action arose from the use or operation of a motor vehicle and
exceed two hundred fifty thousand dollars, this section does not prevent the
injured person from recovering benefits pursuant to Section
38-77-160
but in an
amount not to exceed the limits of the uninsured or underinsured coverage.

S
ECTION
5. The amendment to Section
15-32-220
(E) which eliminated the "gross
negligence" exception to the limitation on medical malpractice damages creates
consistency with the Solicitation of Charitable Funds Act damage limitation
exceptions and avoids duplicative exceptions where the misconduct in question
is covered by another exception.

S
ECTION 6. This act takes effect upon approval
by the Governor, and applies only to causes of action or claims arising or
accruing thereafte
r
.

----XX----

This web page was last updated on April 22, 2026 at 9:15 PM