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South Carolina: Senate Passes Medical Malpractice Reform Bill; House Approves General Tort Reform Package

The senate late Wednesday approved Senate Bill 83, a bill that will bring much-needed medical malpractice reforms to the state.

The 45-0 vote came after two days of intense filibustering over the cap to be placed on non-economic damages. The original proposal called for a $250,000 cap, but in debate this week the cap has been raised to $350,000 with a $1.1 million cap on any damage award involving multiple defendants.

Meanwhile, House members voted 101 to 15 on Wednesday to approve House Bill 3008, a bill that will make a number of civil justice reforms, including eliminating joint and several liability, limiting the statute of limitations on construction defects, and penalties involving the filing of frivolous lawsuits.

Republican Gov. Mark Sanford, in a news release issued on Wednesday, reminded lawmakers that the state needs a "more equitable civil justice system" so South Carolina doesn't fall farther behind the rest of the nation. Gov. Sanford noted how Georgia - a neighboring state - had enacted legislation earlier in the week dealing with medical malpractice and general tort reforms.

"This is a prime example of a neighboring state expanding its competitive advantage - and given the profound jobs and economic development problem we currently have in South Carolina, we can't afford to give ground where we should be gaining it," Gov. Sanford said, adding, "Unemployment here is currently 6.7 percent, which is 50 percent higher than Georgia's 4.4 percent rate. We've lost nearly 3,600 small businesses in the past five years, Georgia's gained nearly two thousand. That math doesn't work and tort reform is a big part of us becoming more competitive on both fronts."

Direct questions to NAMIC State Affairs Manager David Reddick.