Medical Malpractice Settlement Agreement and Release (South Carolina)

MEDICAL MALPRACTICE SETTLEMENT AGREEMENT AND RELEASE

(South Carolina)

1. PARTIES

This Settlement Agreement and Release (the "Agreement") is entered into as of [EFFECTIVE DATE] by and among:

[CLAIMANT / PLAINTIFF NAME], individually [and as Personal Representative of the Estate of _____ / as parent and natural guardian of _____, a minor], residing at [ADDRESS] ("Releasor" or "Claimant"); and

[RELEASED PARTY NAME(S)] — including without limitation [Physician / Hospital / Practice Group] and its insurer [INSURER] — (collectively, "Released Parties" or "Defendants").

2. RECITALS

A. On or about [DATE OF INCIDENT], Claimant alleges that Released Parties rendered negligent medical care resulting in personal injury [and/or wrongful death] (the "Incident").

B. Claimant served a Notice of Intent to File Suit pursuant to S.C. Code Ann. § 15-79-125 on [DATE], accompanied by an Affidavit of Expert under S.C. Code Ann. § 15-36-100. [A civil action styled _____ v. _____, Case No. _____, was filed in the Court of Common Pleas for _____ County, South Carolina, on _____ (the "Action").]

C. The Parties participated in [pre-litigation mediation under § 15-79-125 / circuit court ADR mediation under § 15-79-110] on [DATE].

D. Released Parties deny any and all liability. The Parties wish to compromise and settle all disputed claims without admission of liability, to avoid the cost, delay, and uncertainty of further litigation.

3. SETTLEMENT CONSIDERATION

3.1 Payment. Released Parties shall pay Claimant the total gross sum of $[AMOUNT] (the "Settlement Amount"), payable as follows:

3.2 Method of Payment. By wire transfer or trust account check to [Claimant's counsel IOLTA trust account] within [thirty (30)] days of the latest of: (a) full execution of this Agreement; (b) receipt of a fully executed IRS Form W-9; (c) resolution of all liens identified in Section 7; and (d) entry of any required court approval order under Section 6.

3.3 Allocation. The Settlement Amount is allocated as follows for tax and lien-resolution purposes:

4. RELEASE OF CLAIMS

4.1 General Release. In consideration of the Settlement Amount, Claimant, on behalf of Claimant and Claimant's heirs, executors, administrators, assigns, beneficiaries, successors, and personal representatives, hereby FULLY, FINALLY, AND FOREVER RELEASES, ACQUITS, AND DISCHARGES Released Parties and their respective past and present officers, directors, employees, agents, attorneys, insurers, reinsurers, parents, subsidiaries, affiliates, successors, and assigns from any and all claims, demands, causes of action, damages, costs, expenses, liens, subrogation interests, and liabilities of every kind, whether known or unknown, suspected or unsuspected, contingent or vested, arising out of or in any way connected with the Incident, the medical care provided, and the allegations made or that could have been made in any Notice of Intent or in the Action.

4.2 Scope. This release includes, without limitation, claims for: (a) negligence, medical malpractice, and professional liability; (b) wrongful death and survival; (c) loss of consortium and loss of services; (d) lack of informed consent; (e) negligent infliction of emotional distress; (f) economic and noneconomic damages; (g) punitive damages; (h) violations of the SC Patient's Bill of Rights; and (i) attorneys' fees, costs, and interest.

4.3 Unknown Claims. Claimant expressly waives any rights under any statute or common-law rule that would preserve claims based on facts unknown at the time of execution. Claimant acknowledges this is a knowing and voluntary waiver.

5. NO ADMISSION OF LIABILITY

This Agreement is a compromise of disputed claims. Released Parties expressly deny any liability or wrongdoing. Nothing in this Agreement shall be construed as an admission of fault, negligence, or liability.

6. COURT APPROVAL; MINORS; WRONGFUL DEATH

6.1 Minor's Settlement. If Claimant is a minor, this Agreement is contingent upon approval by the Court of Common Pleas pursuant to S.C. Code Ann. § 62-5-433 and applicable SC court rules. The minor's net proceeds shall be deposited into a restricted account, structured settlement, or court-supervised conservatorship as the court directs.

6.2 Wrongful Death / Survival. Any wrongful death or survival settlement shall be subject to approval and allocation by the probate or circuit court pursuant to S.C. Code Ann. §§ 15-51-10 et seq. (Wrongful Death Act) and § 15-5-90 (Survival Statute), with allocation among statutory beneficiaries to be determined by the court.

6.3 Incompetent Adult. If Claimant is incapacitated, settlement is subject to approval by the probate court and authority of any appointed conservator under SC Code Title 62.

7. LIENS, SUBROGATION, AND THIRD-PARTY REIMBURSEMENT

7.1 Identified Liens. Claimant represents that the following liens, subrogation, or reimbursement interests have been identified:

7.2 Medicare Compliance. Claimant shall cooperate in resolution of any Medicare conditional payment claim and Medicare Set-Aside (MSA), if applicable. Released Parties shall be entitled to receive a Final Demand or Conditional Payment Letter from CMS prior to disbursement, and the holdback in Section 3.1 shall be retained until Medicare's interests are satisfied or waived.

7.3 Indemnification of Liens. Claimant agrees to indemnify, defend, and hold Released Parties harmless from any lien, subrogation, or reimbursement claim arising out of the Incident, up to the amount of the Settlement Amount received.

8. NPDB / REGULATORY REPORTING

8.1 NPDB Reporting. Claimant acknowledges that Released Parties or their insurer may be required to report this settlement to the National Practitioner Data Bank pursuant to 42 U.S.C. § 11131 et seq. Nothing in this Agreement requires non-reporting or limits compliance with mandatory reporting obligations.

8.2 Board Cooperation. This Agreement does not preclude either Party from responding truthfully to inquiries from the SC Board of Medical Examiners, the SC Department of Health and Environmental Control, or any other regulatory body.

9. CONFIDENTIALITY; NON-DISPARAGEMENT

9.1 Confidentiality. The Parties agree to keep the terms and amount of this settlement confidential, except as required by: (a) tax filings; (b) court approval proceedings; (c) NPDB and regulatory reporting; (d) Medicare/Medicaid/insurance lien resolution; (e) disclosure to spouse, accountants, financial advisors, and attorneys bound by confidentiality; or (f) compulsion of legal process.

9.2 Non-Disparagement. The Parties shall refrain from making public statements disparaging the other Party concerning the Incident. This provision shall not restrict truthful testimony under oath, regulatory cooperation, or communications with treating providers.

10. TAX TREATMENT

10.1 IRC § 104(a)(2). The Parties intend that amounts allocated to personal physical injury and physical sickness qualify for exclusion from gross income under 26 U.S.C. § 104(a)(2). Each Party shall report consistently with the allocation in Section 3.3.

10.2 No Tax Advice. Released Parties make no representation regarding the tax consequences of this settlement. Claimant has been advised to consult independent tax counsel.

10.3 IRS Forms. Claimant shall provide a properly completed IRS Form W-9 (or W-8 if applicable) prior to disbursement.

11. MEDIATION & PRE-SUIT COMPLIANCE ACKNOWLEDGMENT

The Parties acknowledge that, where applicable: (a) the Notice of Intent to File Suit requirements of S.C. Code Ann. § 15-79-125 were satisfied or waived; (b) the contemporaneous Affidavit of Expert required by § 15-36-100 was filed or excused; and (c) the pre-litigation mediation conference was held within the 90-120 day window prescribed by § 15-79-125 (or such period as extended by the court). Settlement reflects the product of that mediation process.

12. DISMISSAL OF ACTION

Within [ten (10)] business days of receipt of the Settlement Amount and resolution of all liens, Claimant's counsel shall file a Stipulation of Dismissal with Prejudice of the Action (if filed) pursuant to SCRCP 41(a), with each Party to bear its own attorneys' fees and costs except as provided herein.

13. GENERAL PROVISIONS

13.1 Governing Law. This Agreement is governed by the laws of the State of South Carolina, without regard to conflict-of-laws principles.

13.2 Venue. Exclusive venue for enforcement actions lies in the Court of Common Pleas for [___] County, South Carolina.

13.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations.

13.4 Amendment. Only by a writing signed by all Parties.

13.5 Severability. If any provision is held invalid, the remainder shall remain in effect.

13.6 Counterparts; Electronic Signatures. Executable in counterparts; electronic signatures valid under S.C. Code Ann. § 26-6-10 et seq.

13.7 Voluntary Execution. Claimant acknowledges having read this Agreement in full, having had the opportunity to consult independent counsel, and executing it freely and voluntarily.

14. EXECUTION

ACKNOWLEDGMENT (Notarization)

STATE OF SOUTH CAROLINA
COUNTY OF [___]

Sworn to and subscribed before me this [__] day of [MONTH], [YEAR], by [CLAIMANT NAME].

____________________________
Notary Public for South Carolina
My commission expires: [__/__/____]

SOURCES & REFERENCES

• S.C. Code Ann. § 15-32-220 (noneconomic damages cap; CPI-adjusted annually)
• SC Revenue and Fiscal Affairs Office — annual inflation adjustments (rfa.sc.gov)
• S.C. Code Ann. § 15-79-110 (pre-trial mediation)
• S.C. Code Ann. § 15-79-125 (Notice of Intent to File Suit; 90-120 day pre-litigation mediation)
• S.C. Code Ann. § 15-36-100 (contemporaneous Affidavit of Expert)
• S.C. Code Ann. § 15-3-545 (medical malpractice limitations / repose)
• S.C. Code Ann. §§ 15-51-10 et seq. (Wrongful Death Act); § 15-5-90 (Survival)
• 42 U.S.C. § 11131 et seq. (NPDB / HCQIA)
• 42 U.S.C. § 1395y(b)(2) (Medicare Secondary Payer); 42 U.S.C. § 1396p (Medicaid)
• 26 U.S.C. § 104(a)(2) (IRC tax exclusion)