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Senate subcommittee debates narrowing 'occurrence' definition and tightening non-economic damage exception in medical-malpractice bill
Summary
At a Senate Judiciary subcommittee hearing, lawmakers heard more than three hours of testimony over proposed changes in S.244 that would narrow the legal definition of an "occurrence" in medical-malpractice cases and raise the threshold for removing the statutory cap on non-economic damages.
At a Senate Judiciary subcommittee hearing, lawmakers heard more than three hours of testimony over proposed changes in S.244 that would narrow the legal definition of an "occurrence" in medical-malpractice cases and raise the threshold for removing the statutory cap on non-economic damages.
The debate matters because the two provisions affect who pays for catastrophic medical injuries, the predictability of malpractice exposure for hospitals and doctors, and whether some families can recover full compensation for pain and suffering. Proponents say clearer definitions would help insurers and providers estimate risk; opponents say the changes would leave seriously injured South Carolinians with less recourse.
Scott Evans, an attorney testifying in favor of preserving the current standard,…
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