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SC H4544

Bill

Status

Introduced

5/8/2025

Primary Sponsor

Wallace Jordan

Click for details

Origin

House of Representatives

126th General Assembly

AI Summary

  • 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

  • Caps liability at eight times the current noneconomic damages limits even when exceptions apply, for both healthcare providers and charitable organizations

  • 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

  • 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

  • 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

Committee Referrals

Judiciary5/8/2025

Full Bill Text

No bill text available