Evans Moore Law Firm Opposes 2026 Medical Malpractice Reform: “A Reward for the Worst Offenders”
Georgetown, United States – February 22, 2026 / Evans Moore, LLC /
As the South Carolina legislature prepares for its 2026 session, attorneys from Evans Moore Attorneys at Law have taken a public stand to protect the state’s most vulnerable patients, testifying before legislative committees against proposed changes to South Carolina’s medical malpractice laws.
The firm warns that legislation proposed for 2026 would eliminate critical exceptions to damages caps in cases where a medical provider is found to have acted with gross negligence rather than ordinary negligence—effectively shielding the most severe misconduct from full accountability.
Currently, South Carolina law already imposes rigid caps on damages in medical malpractice cases, limits that can apply even when a patient has incurred millions of dollars in medical bills. Existing law includes what Evans Moore describes as a “safety valve,” allowing those caps to be lifted when a jury determines that a medical provider acted with gross negligence. The proposed legislation would remove that exception entirely.
“The legislation proposed for 2026 deals with the opposite end of the spectrum by eliminating protections for the victims of extreme medical negligence,” Evans Moore stated in its December 2025–January 2026 legislative update. “It is akin to attempting to improve road safety by eliminating the penalties for felony DUI—it rewards the worst offenders while doing nothing to improve overall safety.”
Attorneys from Evans Moore testified before the South Carolina Senate Subcommittee on Tort Reform in the spring of 2025 and again before the House Judiciary Committee in October 2025, opposing the proposed changes and warning lawmakers of the long-term consequences for patient safety and public trust.
The firm also emphasized that the 2005 Medical Malpractice Reform Act already created substantial safeguards to prevent frivolous lawsuits, including a requirement that claims be supported by a sworn statement from a medical professional in the same specialty before a lawsuit can proceed. According to Evans Moore, further restrictions—particularly those that remove accountability for gross negligence—do not improve healthcare outcomes but instead protect those responsible for egregious harm.
Evans Moore has represented South Carolina patients and families in complex medical malpractice cases for decades and says its advocacy reflects firsthand experience with how these laws affect real people. The firm urges lawmakers to carefully reconsider the proposed legislation during the 2026 session and ensure that patient protections remain intact.
About Evans Moore, LLC
Evans Moore, LLC is a South Carolina trial firm with offices in Georgetown and Charleston, representing clients statewide in catastrophic injury, wrongful death, medical malpractice, and civil rights cases. Founded by Scott Evans and James B. Moore III, they have recovered over $200 million in verdicts and settlements, including a $10 million jury verdict in a jail medical negligence case, a $7.9 million settlement for a cyclist’s wrongful death, and multiple $5 million medical malpractice verdicts. Their results have been ranked among the Top 25 jury verdicts in the U.S. and the Top 10 in South Carolina in multiple years. Both attorneys have been recognized by Super Lawyers and Best Lawyers in America, and every case is handled directly by the founding partners. The firm offers free consultations and works exclusively on a contingency basis.
Contact Information:
Evans Moore, LLC
121 Screven Street
Georgetown, SC 29440
United States
Scott C. Evans
(843) 995-5000
https://evansmoorelaw.com
