What rights does a professional have when being sued for professional negligence?

When a professional is sued for professional negligence in South Carolina, they have a few key rights. Firstly, a professional may challenge the lawsuit itself. If the professional believes that the allegation is not true or cannot be supported, they may bring a motion to dismiss the case. The professional may also challenge the facts as presented. If the professional believes that discrepancies in the allegations presented make the case objectively unreasonable, they may present arguments and evidence to this effect. The professional can also challenge the legal causation of any damages. If the professional believes that, even if the allegation is true, the damages do not stem from their duty of care, they may present arguments and evidence to that effect. Finally, a professional can also challenge the amount of damages claimed. Although a professional is obligated to uphold a certain standard of care, they must only pay for the damages actually caused by their negligence. If they believe the amount of damages sought is unreasonable, they may bring arguments and evidence to that effect. In short, a professional sued for professional negligence in South Carolina has the right to challenge the facts and legal issues surrounding the claim. By doing so, they can have a greater opportunity to successfully resolve the lawsuit and avoid liability for damages.

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