South Carolina Governor Highlights Tort Reform as a Step Toward Legal Equity in Healthcare

South Carolina’s legal landscape has become increasingly challenging for healthcare providers. Concerns have grown regarding large verdicts and inconsistent rulings that can place significant strain on healthcare providers and hinder their ability to provide sustainable quality care.

In response, Governor Henry McMaster has identified tort reform as a legislative priority, and Senate Bill 244 has been introduced to address these issues. Reform efforts are intended to promote legal fairness, reduce excessive litigation and support a more stable environment for healthcare delivery and economic development across the state. 

For healthcare providers, several features of South Carolina’s current judicial system present difficulties: 

• All-or-Nothing Liability: Current laws can force a defendant to pay all damages in a lawsuit, even if they are only partially at fault.
• Settlement Stacking: Plaintiffs are incentivized to target defendants with deeper pockets, often pursuing larger settlements from them regardless of their actual level of responsibility
• Challenges for Smaller Practices: Smaller healthcare organizations may be disproportionately impacted by the cost of litigation, posing sustainability concerns.
• Rising Insurance Costs: The frequency and severity of claims can contribute to increasing insurance premiums and reduced availability of coverage options.

MagMutual is committed to keeping policyholders informed of legal developments that may impact the medical malpractice landscape. We will continue to monitor the progress of tort reform legislation in South Carolina and share updates as they become available. 

Summary of SB 244

Full Bill