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South Carolina Considers Broadening Medical Malpractice Caps

As South Carolina struggles with budget problems and other economic struggles, the Senate Judiciary committee is considering new legislation that would set limits of even more lawsuits.

In 2005, South Carolina passed medical malpractice caps that stated that juries could not award more than $1 million damages for pain and suffering. Now SC lawmakers want to expand those laws so that employers would not have to pay more than $250,000 in punitive damages or three times the amount of actual damages – whichever amount is greater.

Those proposing the laws believe that it could prevent businesses from going bankrupt and generally encourage new business in the state. Those against the laws worry that even more rights would be taken away from injured workers if the law passed.

Two years ago, the U.S. Chamber of Commerce released a report that said South Carolina had an undesirable lawsuit climate for businesses.
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