When is a professional held liable for damages resulting from a breach of professional liability law?

In South Carolina, a professional can be held liable for damages resulting from a breach of professional liability law when their negligence or reckless behavior causes harm to another party. Specifically, professionals must prove that they acted in accordance with the applicable standards of their profession and that there is a causal relationship between their actions and the damages suffered by the plaintiff. Generally, negligence is determined when a professional fails to exercise reasonable care and skill. Their failure must have been the direct cause of the harm suffered by the plaintiff. Thus, the standard for proving professional liability is whether a reasonable professional in the same field of expertise would have done the same or taken similar action. The law also considers recklessness, which is a form of gross negligence. Professionals can be held liable for recklessness if they are aware of the risks associated with their actions but fail to take necessary precautions to prevent harm to others. In this situation, a professional may be found liable even if their actions do not meet the professional standard. In short, a professional is held liable for damages resulting from a breach of professional liability law when the breach is the result of negligence or recklessness. To prove liability, an injured party must demonstrate that the professional did not exercise reasonable care and skill while performing their duties, or that the professional acted with reckless disregard for potential risks.

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When is a professional held liable for damages resulting from a breach of professional liability law?

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