Achievements & Results
Tort Reform Win in South Carolina
Partner Gary Lovell and Associate Lee Weatherly recently prevailed to our physician client in a case of first impression relating to South Carolina’s “Expert Affidavit” requirement under the 2006 Tort Reform Legislation. The defense team obtained a favorable ruling from the trial judge finding that the Notice of Intent Statute, and South Carolina Law, require and mandate the filing of an expert affidavit alleging one act of negligence at the time of Plaintiff files a Notice of Intent to sue a medical professional. Plaintiff argued in, in opposition, that the general provisions of the “Expert Witness” laws in South Carolina automatically grant a Plaintiff an additional 45 days to obtain and file an expert affidavit in the Notice of Intent phase of litigation. The case is currently on an appeal to the Court of Appeals of South Carolina. A ruling is expected in the summer of 2010.