Our experienced Greenville medical malpractice lawyer at Bobby Jones Law explains what your medical malpractice settlement may be worth in Greenville, SC. Here’s why most victims settle for less and what you need to know.

What Is the Average Medical Malpractice Settlement Amount in South Carolina?

According to the National Practitioner Data Bank, the average medical malpractice payment amount in South Carolina, between 2020 and 2025, was $389,771.

The National Practitioner Data Bank contains medical malpractice payment data and is a resource of the U.S. Government Health Resources & Services Administration (HRSA). From 2020 to 2025, the bank reported 919 medical malpractice payments in South Carolina. This isn’t the total number of claims, but the total number of payments reported and tracked in the database.

1.7% (16 of 919) of malpractice payments were $2 million or greater.
10% of payments were $1 million or more.
45%, or just under half, of payments ranged from $100,000 to $499,999.
148 payments, or 16%, were for $50,000 or less.

Typical settlements for medical malpractice in South Carolina vary significantly. Many are less than $50,000, but can add up to more than $2 million.

Source: Division of Practitioner Data Bank, Bureau of Health Workforce, Health Resources and Services Administration.

Other Studies and Reviews of Medical Malpractice Average Settlements

The Malpractice Risk According to Physician Specialty study in the New England Journal of Medicine found a mean indemnity payment of $274,887 and a median payment of $111,749 for medical malpractice claims. In the study period, an average of 7.4% of all physicians faced a malpractice claim each year. On average, 1.6% of physicians per year had claims that resulted in payments during the study period.

National Practitioner Data Bank average payment amounts

One research study found a median settlement of $317,447 among 56,850 medical malpractice claims settled outside of court. The study evaluated reports in the National Practitioner Data Bank. The study is relatively old, with data from 2005-2009.

Another study from the National Practitioner Data Bank considered mean payout amounts in a similar time period, 2004-2010, and found an average payout of $101,509 to $144,992. Comparing the two studies shows that the median amounts are higher than the averages, indicating that some relatively low amounts pull the average down.

What Factors Determine How Much a Medical Malpractice Case Is Worth in SC?

Factors that determine what a medical malpractice case is worth in SC include the following:

Negligence. How clear it is that medical negligence occurred influences the strength of the case. When there is no dispute that malpractice occurred, the claim amount increases.
Causation. If there are questions about whether injuries were caused by malpractice, it can lower the total claim amount.
Damages. The overall severity of harm, both economically and personally, is a significant factor in the value of a medical malpractice claim. The person’s physical suffering and disability are important factors.
Age of the victim. A younger victim may have greater damages because their injuries affect a longer period of their life.
Earnings and career. If medical malpractice injuries hurt a person’s ability to work and their long-term career potential, these losses may be part of a medical malpractice claim.
Physical disability. When malpractice results in permanent disability, the loss is reflected in claim value.
Damage caps. South Carolina law caps non-economic damages in medical malpractice claims.

Note: Medical malpractice rules vary by state. There are different damage caps and legal procedures in different states. These jurisdictional differences can influence total claim value.

Average Medical Malpractice Settlement Amounts by Case Type in South Carolina

Average medical malpractice settlement amounts vary by case type in South Carolina. For example, one study found mean payments of $117,832 for dermatology claims and $520,923 for pediatrics. In addition, surgeons have more medical malpractice claims than family practitioners and psychologists.

What Economic Damages Can You Recover in a Greenville Medical Malpractice Case?

Economic damages in a Greenville medical malpractice case may include:

Diagnostics. The costs of identifying and diagnosing malpractice injuries.
Medical bills. Increased medical bills to treat injuries.
Future medical bills. Long-term medical bills.
Rehabilitation. Physical therapy and other rehabilitation needed because of malpractice.
Lost wages. Short-term income loss and long-term career damage.
Household costs. The cost of childcare, household chores, and home upkeep that must be replaced.
Incidental expenses. Medical supplies, personal expenses, and other out-of-pocket costs related to the injury.

Any direct financial loss may be included as economic damages. Losses may be incurred at the time the claim starts, or projected into the future. Experts can be helpful in establishing future damages.

What Non-Economic Damages Are Available in SC Medical Malpractice Cases?

Non-economic damages available in SC medical malpractice cases may include:

Physical pain
Emotional anguish
Disability, impairment
Physical scars
Diminished life expectancy
Loss of society and relationships
Loss of enjoyment of life
Inconvenience

Non-economic damages include all intangible ways that the person suffers as a result of medical malpractice.

Why Do Most Medical Malpractice Victims in SC Settle for Less Than They Are Owed?

Many medical malpractice victims in SC settle for less than they are owed because they don’t know what their cases are worth. It’s easy to be intimidated by the insurance companies and the large healthcare providers. They may hide information and deny wrongdoing. Litigants may worry about high litigation costs and stressful days in court.

You can receive the compensation that you deserve. An experienced lawyer can handle the legal documents, evidence, and negotiations. They can represent you in court and provide legal advice.

What Should You Do If You Have Already Received a Settlement Offer in Greenville?

If you have received a settlement offer in Greenville, SC, a lawyer can review the offer. The sooner you involve a lawyer in your case, the better. A lawyer can build proofs, navigate legal challenges, and create a personalized strategy.

Talk to a Lawyer

If you or a loved one has been harmed by medical malpractice, we invite you to contact Bobby Jones Law. Get help from a Greenville, SC, medical malpractice attorney.