South Carolina Medical Malpractice Insurers: What You Need to Know

When it comes to medical care, we place a lot of trust in healthcare providers. However, mistakes happen, and that’s where medical malpractice insurance comes into play. It’s something most of us hope to never think about, but it’s a crucial part of the healthcare ecosystem. In South Carolina, understanding the nuances of medical malpractice insurance can help you better navigate your rights and protections as a patient.

What is Medical Malpractice Insurance?

In essence, medical malpractice insurance provides a financial safety net for healthcare providers in case they are sued for medical malpractice. This can include a wide range of allegations, from misdiagnosis to surgical errors and beyond.

Why Does it Matter to Patients?

For patients, the presence (or lack) of medical malpractice insurance can significantly impact the possibility of obtaining compensation in cases where they are the victims of medical errors or negligence. An insured healthcare provider is more likely to have the means to settle a claim or pay damages if a court rules in favor of the plaintiff.

South Carolina Requirements

In South Carolina, medical malpractice insurance is not mandatory for healthcare providers, but it is strongly recommended. This is a critical point to note because if a provider chooses to go “bare,” that is, to practice without insurance, there may be limited avenues for a victim to recover damages.

Types of Policies

There are two main types of medical malpractice insurance policies in South Carolina:

  • Claims-Made Policies: These policies cover incidents that both occur and are reported while the policy is active.
  • Occurrence Policies: These policies cover any incident that occurs while the policy is active, regardless of when it is reported.

Consent to Settle Clause

Some policies contain a “consent to settle” clause, which means the healthcare provider must agree before the insurance company can settle a claim. This is significant for patients, as it can affect the length of time a lawsuit may take.

Policy Limits

Every policy has its coverage limits, which is the maximum amount that the insurance company will pay out in damages. In South Carolina, there is no state-mandated minimum, but typical policies offer coverage between $1 million and $3 million per occurrence. Patients should be aware that awards exceeding this limit might require additional legal avenues for recovery.

What if Your Provider is Uninsured?

If the healthcare provider does not have malpractice insurance, obtaining a settlement or judgment may be more complicated. Patients may have to seek remedies directly from the provider, which could involve seizing assets or garnishing wages.


The topic of medical malpractice insurance can be intricate and often overlooked, but it is crucial for patients to have a basic understanding of how it works, especially in states like South Carolina where such insurance is not mandatory. This knowledge can help protect your rights and provide insight into the complexities of initiating a medical malpractice claim with a medical malpractice attorney