Notice of Intent to File Suit (Medical Malpractice) - South Carolina

NOTICE OF INTENT TO FILE SUIT (MEDICAL MALPRACTICE) — SOUTH CAROLINA

TABLE OF CONTENTS

1. Statutory Threshold — § 15-79-125 Is Jurisdictional
2. Pre-Suit Workflow Timeline
3. Statute of Limitations and Repose Worksheet
4. Notice of Intent — Caption and Pleading
5. Statement of Facts
6. Identification of Defendants
7. Statement of Standard of Care and Breach
8. Damages Statement
9. Standard Interrogatories Disclosure
10. Tolling and Mediation Demand
11. Mediator Selection and Mediation Logistics
12. Records Subpoena and Pre-Suit Discovery
13. Service of NOI and Expert Affidavit
14. Post-Mediation Filing Calendar
15. Form A — Notice of Intent Pleading
16. Form B — Mediation Scheduling Order Request
17. Form C — Records Subpoena Cover
18. South Carolina Practice Notes
19. Sources and References

1. STATUTORY THRESHOLD — § 15-79-125 IS JURISDICTIONAL

1.1. No civil action alleging medical malpractice may be filed in South Carolina until plaintiff has (a) filed a Notice of Intent to File Suit, (b) filed contemporaneously an affidavit of an expert witness conforming to § 15-36-100, and (c) participated in a mandatory pre-litigation mediation conference. S.C. Code Ann. § 15-79-125(A), (B).

1.2. Jurisdictional, not procedural. South Carolina appellate decisions treat § 15-79-125 compliance as a substantive prerequisite. A defective or omitted NOI subjects the eventual complaint to dismissal.

1.3. What § 15-79-125 requires of the NOI itself:

• ☐ Names ALL adverse parties as defendants;
• ☐ Contains a short and plain statement of the facts showing entitlement to relief;
• ☐ Is signed by plaintiff or by plaintiff's attorney;
• ☐ Includes any standard interrogatories or similar disclosures required by the SCRCP;
• ☐ Is filed in a county where venue would be proper under § 15-7-30; AND
• ☐ Is accompanied by an affidavit of expert witness compliant with § 15-36-100.

1.4. What filing accomplishes:

• ☐ Tolls all applicable statutes of limitations (§ 15-79-125(A));
• ☐ Authorizes records subpoenas (§ 15-79-125(C));
• ☐ Authorizes depositions with leave of court (§ 15-79-125(C));
• ☐ Triggers the 90- to 120-day mandatory mediation clock (§ 15-79-125(D)).

2. PRE-SUIT WORKFLOW TIMELINE

3. STATUTE OF LIMITATIONS AND REPOSE WORKSHEET

3.1. General SOL — § 15-3-545(A): three (3) years from the date of treatment, omission, or operation, OR three (3) years from date of discovery (or when injury reasonably should have been discovered), not to exceed six (6) years from date of occurrence (statute of repose).

3.2. Foreign-object exception — § 15-3-545(B): two (2) years from discovery, but in no event less than three (3) years after the foreign object was placed.

3.3. Tolling for minors — § 15-3-40: the SOL is tolled during minority, but the underlying medical malpractice action is generally subject to the six-year repose period unless otherwise extended by statute.

3.4. NOI tolling — § 15-79-125(A): filing the NOI tolls all applicable statutes of limitations through the end of the pre-suit process.

3.5. Worksheet:

4. NOTICE OF INTENT — CAPTION AND PLEADING

STATE OF SOUTH CAROLINA
COUNTY OF [_____________________]
IN THE COURT OF COMMON PLEAS
[NTH] JUDICIAL CIRCUIT

Civil Action No.: [____________________]

NOTICE OF INTENT TO FILE SUIT
(Pursuant to S.C. Code Ann. § 15-79-125)

5. STATEMENT OF FACTS

5.1. Claimant [CLAIMANT NAME] ("Claimant") is a citizen and resident of [COUNTY] County, South Carolina, residing at [ADDRESS].

5.2. Defendant [PROVIDER NAME] is, on information and belief, a [physician / surgeon / nurse / dentist / etc.] licensed to practice in South Carolina, with a principal place of practice at [ADDRESS], in [COUNTY] County, and is a "health care provider" as defined in S.C. Code Ann. § 15-79-110.

5.3. Defendant [INSTITUTION NAME] is, on information and belief, a [hospital / ambulatory surgical facility / nursing home / etc.] licensed in South Carolina with its principal place of operation at [ADDRESS], in [COUNTY] County, and is a "health care institution" as defined in S.C. Code Ann. § 15-79-110.

5.4. Venue is proper in [VENUE COUNTY] County under S.C. Code Ann. § 15-7-30 because [the defendant resides in this county / the most substantial part of the alleged act or omission occurred in this county / one of multiple defendants is properly sued here].

5.5. Brief Statement of Facts (SCRCP-style "short and plain statement"):

5.5.1. On or about [__/__/____], Claimant [describe initial presentation, e.g., "presented to Defendant Hospital's emergency department complaining of chest pain and shortness of breath"].

5.5.2. Between [__/__/____] and [__/__/____], Defendants undertook to provide medical evaluation, diagnosis, and/or treatment of Claimant, including but not limited to [describe procedures, evaluations, surgeries, prescriptions, etc.].

5.5.3. During the course of that treatment, Defendants committed one or more negligent acts and/or omissions, including but not limited to:

• ☐ [e.g., "failure to timely order a cardiac workup despite presenting symptoms"]
• ☐ [e.g., "misreading the EKG and discharging Claimant without admission"]
• ☐ [e.g., "failure to follow up on critical lab values that were flagged as abnormal"]
• ☐ [Additional specific acts/omissions]

5.5.4. As a direct and proximate result of the negligent acts and/or omissions of Defendants, Claimant suffered [describe injury — e.g., "delayed diagnosis of acute myocardial infarction, resulting in permanent cardiac muscle damage, prolonged hospitalization, and the need for ongoing cardiac care"].

5.5.5. Each act and omission described above constitutes "medical malpractice" within the meaning of S.C. Code Ann. § 15-79-110(6) — i.e., conduct that the reasonably prudent health care provider or institution would not have done, or omission of conduct that the reasonably prudent provider would have done, in the same or similar circumstances.

6. IDENTIFICATION OF DEFENDANTS

7. STATEMENT OF STANDARD OF CARE AND BREACH

7.1. The applicable standard of care for the [specialty — e.g., "emergency medicine physician practicing in a community-hospital setting in South Carolina"] is to [describe standard, e.g., "obtain a complete history, perform an appropriate physical examination, order indicated diagnostic studies, and admit or arrange follow-up for patients presenting with red-flag cardiac symptoms"].

7.2. Each Defendant breached the applicable standard of care as set forth in detail in the contemporaneously filed Affidavit of Expert Witness (filed pursuant to § 15-36-100 and § 15-79-125), which is incorporated herein by reference.

7.3. The breaches were a direct and proximate cause of Claimant's injuries and damages.

8. DAMAGES STATEMENT

8.1. Categories of damages claimed:

• ☐ Past medical expenses
• ☐ Future medical expenses (life-care plan)
• ☐ Lost wages and lost earning capacity
• ☐ Past and future pain and suffering
• ☐ Past and future mental anguish
• ☐ Loss of enjoyment of life
• ☐ Loss of consortium (spouse/parent claim)
• ☐ Wrongful death damages (if applicable; see § 15-51-40)
• ☐ Survival action damages (if applicable; see § 15-5-90)
• ☐ Punitive damages (where conduct rises to clear-and-convincing willful, wanton, or reckless standard)

8.2. Statutory cap notice — § 15-32-220: noneconomic damages are limited per the CPI-indexed cap (single provider/institution) and a global aggregate cap. The 2026 indexed amounts (verify current-year figure with the S.C. Revenue and Fiscal Affairs Office) are approximately $580,461 per single provider and approximately $1,741,383 aggregate. The cap does not apply where the trier of fact finds by a preponderance that defendant's conduct was grossly negligent, willful, wanton, reckless, or intentional, or while under the influence (§ 15-32-220(F)).

8.3. Economic damages (medical expenses, wage loss, life-care plan) are NOT capped.

9. STANDARD INTERROGATORIES DISCLOSURE

9.1. Pursuant to § 15-79-125(B) and the South Carolina Rules of Civil Procedure, Claimant tenders herewith Standard Interrogatories applicable to the eventual civil action.

9.2. Claimant's responses to Form Standard Interrogatories (medical malpractice version) are appended hereto as Exhibit A.

9.3. Defendants are reminded that they may serve their own initial disclosures and form interrogatories upon receipt of this NOI.

10. TOLLING AND MEDIATION DEMAND

10.1. Tolling. Pursuant to § 15-79-125(A), filing of this Notice tolls the running of all applicable statutes of limitations during the pre-suit process.

10.2. Mediation Demand. Pursuant to § 15-79-125(D), Claimant demands and is statutorily entitled to a pre-litigation mediation conference no later than 120 days from the date of service of this NOI. The earliest practicable date is no earlier than 90 days post-service.

10.3. Proposed Mediation Window: between [__/__/____] (Day 90) and [__/__/____] (Day 120).

10.4. Extension. Either party may move the court for a single extension of up to 60 days for good cause shown. Examples of good cause include unavailability of essential records, unavailability of a key witness or expert, and complex multi-defendant scheduling.

11. MEDIATOR SELECTION AND MEDIATION LOGISTICS

11.1. Mediator. The parties shall select a mediator in accordance with the South Carolina ADR Rules. Claimant proposes the following mediators:

• ☐ [Mediator 1 name, firm, address, phone, email]
• ☐ [Mediator 2 name, firm, address, phone, email]
• ☐ [Mediator 3 name, firm, address, phone, email]

11.2. Cost-Splitting. Mediator fees shall be split equally among the parties unless otherwise agreed or ordered. Each party bears its own attorney's fees and expert costs through mediation.

11.3. Location. The mediation shall occur at [ADDRESS / virtual platform] in [COUNTY] County, South Carolina, on [DATE] at [TIME].

11.4. Pre-Mediation Statement Exchange. Each party shall exchange a confidential pre-mediation memorandum no later than seven (7) calendar days before the mediation conference, with attached:

• ☐ Records summary
• ☐ Expert affidavit (Claimant) / counter-expert summary (Defendant)
• ☐ Itemized damages calculation
• ☐ Demand or offer history
• ☐ Insurance coverage disclosures (defendants)

11.5. Authority to Settle. Counsel of record AND a representative with full settlement authority must attend in person (or by video, if all parties stipulate). Insurance carrier representatives with binding authority must be present or immediately available by phone.

12. RECORDS SUBPOENA AND PRE-SUIT DISCOVERY

12.1. Pursuant to § 15-79-125(C), upon filing and service of this NOI, all named parties may issue subpoenas for medical records and other documents potentially related to the medical malpractice claim.

12.2. Records subpoena targets (non-exhaustive):

• ☐ Defendant institution complete chart (E/D record, admission record, nursing notes, physician orders, lab, imaging, anesthesia, OR records, discharge summary)
• ☐ Defendant physician's office records
• ☐ Prior treating providers' records (3-5 years)
• ☐ Subsequent treating providers' records
• ☐ Pharmacy / prescription histories
• ☐ Imaging studies (DICOM where available)
• ☐ Pathology slides and reports
• ☐ Quality assurance / morbidity-and-mortality records (subject to peer-review privilege analysis)
• ☐ Credentialing files (subject to peer-review privilege)
• ☐ Hospital policies and procedures in effect on date of incident

12.3. Depositions. Pursuant to § 15-79-125(C), depositions may be taken upon leave of court. Claimant should prioritize depositions of [treating physician], [discharging nurse], [imaging interpreter] if mediation requires their testimony.

13. SERVICE OF NOI AND EXPERT AFFIDAVIT

13.1. Service. This Notice of Intent and the contemporaneously filed Affidavit of Expert Witness shall be served upon each named defendant in the same manner as a summons under SCRCP 4 (personal service or service on a registered agent for entities).

13.2. Proof of Service. A return of service or affidavit of service shall be filed with the Clerk of Court of [COUNTY] County within ten (10) days of completion of service.

13.3. Service Checklist (per defendant):

• ☐ Defendant: [NAME]
• ☐ Date served: [__/__/____]
• ☐ Method (personal / registered agent / certified mail with consent): [_________]
• ☐ Server: [NAME]
• ☐ Return filed: ☐ Yes ☐ No

14. POST-MEDIATION FILING CALENDAR

14.1. If mediation resolves the dispute: execute settlement agreement, releases, and dismissal stipulation; comply with § 15-79-125 reporting if applicable.

14.2. If mediation impasses, terminates, or is declared not viable: under § 15-79-125(E), Claimant must file the summons and complaint within the later of:

• ☐ Sixty (60) days after the mediator's declaration of impasse / non-viability / termination; OR
• ☐ Expiration of the original statute of limitations under § 15-3-545.

14.3. Calendar template:

15. FORM A — NOTICE OF INTENT PLEADING

STATE OF SOUTH CAROLINA
COUNTY OF [_____________________]
IN THE COURT OF COMMON PLEAS

Civil Action No.: [______________]

NOTICE OF INTENT TO FILE SUIT
(S.C. Code Ann. § 15-79-125)

TO: All named Defendants and their attorneys of record (if known):

PLEASE TAKE NOTICE that, pursuant to S.C. Code Ann. § 15-79-125, Claimant [NAME] intends to file a civil action against the above-named Defendants for medical malpractice arising out of negligent medical care provided between [__/__/____] and [__/__/____].

A. PARTIES.

1. Claimant [NAME] is a citizen and resident of [COUNTY] County, South Carolina.

2. Defendant [NAME 1] is a [provider type] with a principal place of practice in [COUNTY] County, South Carolina.

3. Defendant [NAME 2] is a [institution type] licensed in South Carolina with a principal place of operation in [COUNTY] County.

B. STATEMENT OF FACTS. [See § 5 above; incorporate by reference.]

C. AFFIDAVIT OF EXPERT WITNESS. Filed contemporaneously herewith pursuant to § 15-36-100 and § 15-79-125.

D. DAMAGES. Claimant seeks economic damages, noneconomic damages (subject to the § 15-32-220 cap), and where appropriate punitive damages.

E. MEDIATION DEMAND. Pursuant to § 15-79-125(D), Claimant demands a pre-litigation mediation conference between [__/__/____] and [__/__/____].

F. STANDARD INTERROGATORIES. Attached as Exhibit A.

This [___] day of [MONTH], [YEAR].

Respectfully submitted,

[ATTORNEY NAME], SC Bar No. [______]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]
Counsel for Claimant

VERIFICATION (if required by SCRCP)

I, [CLAIMANT NAME], having read the foregoing Notice of Intent to File Suit, verify under penalty of perjury that the factual allegations contained herein are true and correct to the best of my knowledge and belief.

___________________________________
[CLAIMANT NAME]

Sworn to and subscribed before me this [___] day of [MONTH], [YEAR].

___________________________________
Notary Public, State of South Carolina
My Commission Expires: [__/__/____]

16. FORM B — MEDIATION SCHEDULING ORDER REQUEST

[CAPTION]

REQUEST FOR ENTRY OF MEDIATION SCHEDULING ORDER

Pursuant to S.C. Code Ann. § 15-79-125(D) and the ADR Rules of the South Carolina Supreme Court, Claimant respectfully requests that this Court enter an Order:

1. Setting the mandatory pre-litigation mediation conference for [DATE] at [TIME];
2. Designating [MEDIATOR NAME] as Mediator (or, if parties cannot agree, appointing a mediator from the certified list);
3. Directing each party to attend with counsel of record and a representative with full settlement authority;
4. Allocating mediator fees equally between Claimant and Defendants;
5. Requiring exchange of confidential pre-mediation memoranda no later than seven (7) days before the conference; and
6. Providing such other relief as the Court deems just and proper.

[SIGNATURE BLOCK]

17. FORM C — RECORDS SUBPOENA COVER

[CAPTION]

SUBPOENA DUCES TECUM PURSUANT TO S.C. CODE ANN. § 15-79-125(C) AND SCRCP 45

TO: [CUSTODIAN OF RECORDS, FACILITY NAME, ADDRESS]

YOU ARE COMMANDED to produce, on or before [DATE], the following records concerning patient [CLAIMANT NAME], DOB [__/__/____]:

• ☐ Complete medical chart for dates [__/__/____] through [__/__/____]
• ☐ Imaging studies (DICOM if available) and reports
• ☐ Laboratory and pathology reports
• ☐ Nursing notes and medication administration records
• ☐ Physician orders
• ☐ Discharge summaries and after-care instructions
• ☐ Operative reports and anesthesia records
• ☐ Hospital policies and procedures in effect on dates of treatment
• ☐ Any incident reports or quality-review documents (subject to privilege analysis)
• ☐ Billing and claims records

Produce records to: [ATTORNEY ADDRESS] or via secure electronic transmission to [EMAIL/SFTP].

[SIGNATURE BLOCK]

18. SOUTH CAROLINA PRACTICE NOTES

18.1. Charleston / Richland / Greenville circuit courts. Most volume venues for medical malpractice are the Ninth Circuit (Charleston / Berkeley), the Fifth Circuit (Richland / Kershaw), and the Thirteenth Circuit (Greenville / Pickens). Local rules and mediator rosters vary; consult the circuit's Chief Administrative Judge's standing orders.

18.2. Apology Statute (§ 19-1-190). Statements of sympathy, regret, benevolence, or apology by a provider during a designated meeting to discuss an unanticipated outcome are inadmissible. Do not structure case theory around apologetic statements; build the case on records, standard-of-care opinions, and causation evidence.

18.3. Joint and several liability (§ 15-38-15). A defendant whose share of fault is less than 50% is liable only for that defendant's percentage of damages. Joint and several liability survives only against defendants ≥ 50% at fault, and exceptions exist for willful/wanton conduct, alcohol-related misconduct, or illicit drug-related misconduct.

18.4. Modified comparative negligence (51% bar). Plaintiff may recover only if plaintiff's fault is 50% or less. If plaintiff is 51% or more at fault, recovery is barred entirely.

18.5. Damages cap (§ 15-32-220). The 2026 CPI-indexed cap on noneconomic damages is approximately $580,461 per claimant against a single provider or institution and approximately $1,741,383 aggregate (verify the exact current-year figure with the S.C. Revenue and Fiscal Affairs Office). The cap does NOT apply to economic damages, and exceptions exist for grossly negligent, willful, wanton, reckless, or intoxication-related conduct (§ 15-32-220(F)).

18.6. Lewis v. Lewis (S.C. 2010). The S.C. Supreme Court's review of the cap framework provides background — the cap structure remains in force as the legislature has not repealed § 15-32-220.

18.7. Expert qualifications — § 15-36-100 + Brouwer v. Sisters of Charity (S.C. 2014). An expert in a "related field" may be sufficient where the expert demonstrates substantive knowledge of the standard of care; the affiant need not be an exact specialty match. Document the expert's relevant patient-care experience.

18.8. Peer-review privilege. Hospital quality-assurance and credentialing records are protected by S.C. Code Ann. § 40-71-20. Do not assume production; brief the privilege issue if records are sought.

18.9. Wrongful death and survival. If Claimant is a personal representative pursuing wrongful death (§ 15-51-10 et seq.) or survival (§ 15-5-90), the NOI must reflect the representative capacity, and beneficiary-of-recovery analysis differs from a personal-injury claim.

18.10. Pre-suit insurance investigation. South Carolina permits limited pre-suit discovery of insurance coverage information through the records-subpoena window; document carrier identity, policy limits, and excess coverage where possible before mediation.

19. SOURCES AND REFERENCES

19.1. Statutes (verify current text via scstatehouse.gov):

• S.C. Code Ann. § 15-79-110 — Definitions: https://www.scstatehouse.gov/code/t15c079.php
• S.C. Code Ann. § 15-79-125 — Notice of Intent and pre-suit mediation
• S.C. Code Ann. § 15-36-100 — Expert affidavit
• S.C. Code Ann. § 15-3-545 — Statute of limitations / 6-year repose: https://www.scstatehouse.gov/code/t15c003.php
• S.C. Code Ann. § 15-32-210 et seq. — Noneconomic Damage Awards Act: https://www.scstatehouse.gov/code/t15c032.php
• S.C. Code Ann. § 15-32-220 — CPI-indexed noneconomic damages cap
• S.C. Code Ann. § 15-38-15 — Modified joint and several liability: https://www.scstatehouse.gov/code/t15c038.php
• S.C. Code Ann. § 15-7-30 — Venue
• S.C. Code Ann. § 19-1-190 — Apology / Unanticipated Medical Outcome Reconciliation Act: https://www.scstatehouse.gov/code/t19c001.php
• S.C. Code Ann. § 40-71-20 — Peer-review privilege

19.2. Inflation-adjusted cap data: S.C. Revenue and Fiscal Affairs Office — Inflation Adjustments for Legal Proceedings: https://rfa.sc.gov/page/data-research/inflation-adjustments-legal-proceedings

19.3. Court rules:

• South Carolina Rules of Civil Procedure (SCRCP), particularly Rules 4, 7, 11, 26-37, 45.
• South Carolina ADR Rules.

19.4. Selected case authority (verify and Shepardize):

• Lewis v. Lewis, 392 S.C. 381, 709 S.E.2d 650 (2011) — cap framework discussion.
• Brouwer v. Sisters of Charity Providence Hosps., 409 S.C. 514, 763 S.E.2d 200 (2014) — expert affidavit "related field" sufficiency.
• Ranucci v. Crain, 409 S.C. 493, 763 S.E.2d 189 (2014) — expert affidavit and § 15-36-100 standard.
• Statute-of-repose decisions construing § 15-3-545.

19.5. Disclaimer. This template is for informational and drafting-aid purposes only. It is not legal advice. South Carolina medical malpractice practice involves jurisdictional pre-suit prerequisites whose noncompliance may bar the claim. Engage SC-licensed counsel and verify all citations against current scstatehouse.gov text and current case law before serving any NOI.