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SC H4544
Bill
Status
5/8/2025
Primary Sponsor
Wallace Jordan
Click for details
AI Summary
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Raises the standard for removing noneconomic damages caps in healthcare malpractice cases to "clear and convincing evidence" and specifies three exceptions: grossly negligent/willful/wanton/reckless conduct, felony conviction arising from the same conduct, or acting while impaired by alcohol or drugs
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Caps liability at eight times the current noneconomic damages limits even when exceptions apply, for both healthcare providers and charitable organizations
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Clarifies that multiple negligent acts occurring in an unbroken causal chain resulting in the same injury constitute a single "occurrence" under the Tort Claims Act
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Requires annual adjustment of Tort Claims Act liability limits ($300,000 per person/$600,000 total for general claims; $1.2 million for licensed physicians/dentists) based on Consumer Price Index changes
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Applies the same three-category exceptions and eight-times cap to charitable organization liability, requiring clear and convincing evidence to hold individual employees personally liable
Legislative Description
Medical malpractice
Last Action
Member(s) request name added as sponsor: M.M.Smith, B.L.Cox, Davis
3/3/2026