Suicide by Overdose: Should South Carolina Recognize the Uncontrollable Impulse Exception?
By Amy E. McLaren, associate at Willson Jones Carter & Baxley, PA Almost any night of the week a news program showcases the opioid crisis in this country. Whether class actions against the drug companies, medical malpractice claims against the doctors who prescribe these medications, or criminal charges against illegal users themselves, there is no shortage of litigation related to this crisis either. The South Carolina Supreme Court will soon answer a question, which may control whether civil lawyers see a whole new set of cases related to opioid addiction in this state. As every attorney learned from torts class in law school, a plaintiff establishes negligence by proving a duty of care owed by the defendant; a breach of that duty by a negligent act or omission; that the breach was a proximate cause of the plaintiff’s injury; and the plaintiff has damages as result of said negligence. When those elements are broken down further, proximate cause requires both proof of ...