Hoeffner Ex Rel. Est. of Hoeffner v. Citadel, 429 S.E.2d 190 (S.C. 1993). · Go Syfert
Hoeffner Ex Rel. Est. of Hoeffner v. Citadel, 429 S.E.2d 190 (S.C. 1993). Cases Citing This Book View Copy Cite
96 citation events (59 in the last 25 years) across 10 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Rebecca Turisk v. Dennis K. Schimpf (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2025 · signal: see · quote attribution · 2 verbatim quotes · confidence high
reasonable care, in the context of professional negligence, requires the exercise of that degree of skill and care which is ordinarily employed by members of the profession under similar conditions and in like surrounding circumstances.
examined Cited as authority (verbatim quote) State v. Sanders (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2019 · quote attribution · 2 verbatim quotes · confidence high
arguments by counsel which invite the jury to base its verdict on considerations not relevant to the merits of the case are improper.
examined Cited as authority (verbatim quote) McKnight v. South Carolina Department of Corrections (2×) also: Cited "see, e.g."
S.C. Ct. App. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
bramlette does not impose strict liability on those with a duty to prevent suicide" "because health care professionals are subject to liability for failure to prevent suicide only when departure from the standards of their profession proximately causes their patient's suicide
examined Cited as authority (verbatim quote) State v. Condrey (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2002 · signal: see · quote attribution · 2 verbatim quotes · confidence high
arguments by counsel which invite the jury to base its verdict on considerations not relevant to the merits of the case are improper.
examined Cited as authority (verbatim quote) Wall v. Keels (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 1998 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
arguments by counsel which invite the jury to base its verdict on considerations not relevant to the merits of the case are improper.
examined Cited as authority (verbatim quote) Lee v. Corregedore (8×) also: Cited as authority (quoted), Cited "see, e.g."
Haw. · 1996 · signal: accord · quote attribution · 4 verbatim quotes · confidence high
a professional's duty to prevent suicide requires the exercise of that degree of skill and care necessary to prevent a patient's suicide that is ordinarily employed by members of the profession under similar conditions and circumstances.
discussed Cited as authority (rule) Marshall Griffin v. Tony Fiovino (2×)
unknown court · 2025 · confidence medium
"Evidence is relevant and admissible if it tends to establish or make more or less probable some matter in issue." Hoeffner v. The Citadel, 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993).
cited Cited as authority (rule) Tekayah Hamilton v. Regional Medical Center
S.C. Ct. App. · 2023 · confidence medium
"Evidence is relevant and admissible if it tends to establish or make more or less probable some matter in issue." Hoeffner v. Citadel, 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993).
discussed Cited as authority (rule) Rice v. United States of America, The
D.S.C. · 2022 · confidence medium
For suicide cases specifically, “health care professionals are subject to liability for failure to prevent suicide only when departure from the standards of their profession proximately causes their patient’s suicide [and South Carolina law] does not impose strict liability on those with a duty to prevent suicide.” Hoeffner v. Citadel, 429 S.E.2d 190, 194 (S.C. 1993).
discussed Cited as authority (rule) Jeff Cahn v. Copac, Inc.
Miss. Ct. App. · 2015 · confidence medium
Thus, the trial court correctly ruled that the defense of contributory negligence was not available.”); Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190, 193 (1993) (”[W]here a duty exists to prevent a patient from committing suicide, the very suicide which the defendant has the duty to prevent cannot constitute assumption of the risk or contributory negligence as a matter of law.”).
discussed Cited as authority (rule) Seastrunk ex rel. Estate of Blankenship v. United States
D.S.C. · 2014 · confidence medium
The South Carolina Supreme Court has explained that the inquiry is the same in the context of a suicide. “[A] professional’s duty to prevent suicide requires the exercise of that degree of skill and care necessary to prevent a patient’s suicide that is ordinarily employed by members of the profession under similar conditions and circumstances.” Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190, 194 (1993) (internal citations omitted).
discussed Cited as authority (rule) Almonte v. KURL
R.I. · 2012 · confidence medium
Mar. 30, 2012) (stating that a psychiatrist “can be held liable if his treatment of [his patient] fell below the requisite standard of care, and this failure proximately caused [that patient’s] injury”); Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190, 194 (1993) (stating that “health care professionals are subject to liability for failure to prevent suicide only when departure from the standards of their profession proximately causes their patient’s suicide” and not imposing strict liability on those with a duty to prevent suicide).
discussed Cited as authority (rule) Wright v. Craft
S.C. Ct. App. · 2006 · confidence medium
Moore v. Moore, 360 S.C. 241, 257-58 , 599 S.E.2d 467, 476 (Ct.App.2004) (citing Hoeffner v. The Citadel, 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993); Davis v. Traylor, 340 S.C. 150, 155 , 530 S.E.2d 385, 387 (Ct.App.2000); Hawkins v. Pathology Assocs. of Greenville, P.A., 330 S.C. 92, 108 , 498 S.E.2d 395, 404 (Ct.App.1998)).
discussed Cited as authority (rule) Dodson v. South Dakota Department of Human Services
S.D. · 2005 · confidence medium
See McNamara v. Honeyman, 406 Mass. 43 , 546 N.E.2d 139, 146-147 (1989) (there can be no comparative negligence where the defendant’s duty includes preventing the self-destructive acts which caused the plaintiffs injury); Cowan v. Doering, 215 N.J.Super. 484 , 522 A.2d 444, 448 (App.Div.1987) (a contributory negligence instruction should not be given in a suicide case because the “suicidal conduct constituted one of the very symptoms for which [the patient] was being treated.”); Cole v. Multnomah County, 39 Or.App. 211 , 592 P.2d 221, 223 (1979) (a defendant’s liability may not be redu…
discussed Cited as authority (rule) Lee v. Bunch
S.C. Ct. App. · 2004 · confidence medium
Hoeffner v. The Citadel , 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993). “Evidence is relevant and admissible if it tends to establish or make more or less probable some matter in issue.” Id. at 365, 429 S.E.2d at 192 . “However, otherwise relevant evidence may be excluded where its probative value is ‘substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury . . . .’” Kennedy v. Griffin , 358 S.C. 122, 127 , 595 S.E.2d 248 , 250 (Ct. App. 2004) (quoting Rule 403, SCRE). “Unfair prejudice means an undue tendency to suggest a decision on…
discussed Cited as authority (rule) Moore v. Moore
S.C. Ct. App. · 2004 · confidence medium
Hoeffner v. The Citadel, 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993); Davis v. Traylor, 340 S.C. 150, 155 , 530 S.E.2d 385, 387 (Ct.App.2000); Hawkins v. Pathology Assocs. of Greenville, P.A., 330 S.C. 92, 108 , 498 S.E.2d 395, 404 (Ct.App.1998).
discussed Cited as authority (rule) Kennedy v. Griffin
S.C. Ct. App. · 2004 · confidence medium
“Evidence is relevant and admissible if it tends to establish or make more or less probable some matter in issue.” Hoeffner v. The Citadel, 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993); Rule 401, SCRE; Rule 402, SCRE.
discussed Cited as authority (rule) Kennedy v. Griffin
S.C. Ct. App. · 2004 · confidence medium
"Evidence is relevant and admissible if it tends to establish or make more or less probable some matter in issue." Hoeffner v. The Citadel, 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993); Rule 401, SCRE; Rule 402, SCRE.
discussed Cited as authority (rule) Windham v. McLeod Regional Medical Center
S.C. Ct. App. · 2003 · confidence medium
Dep’t of Transp. , 343 S.C. 224, 234 , 540 S.E.2d 87, 92 (2000) (“It is well settled that the admission and rejection of testimony is largely within the trial court’s sound discretion.”); Hoeffner v. The Citadel , 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993) (“Absent a clear abuse of discretion amounting to an error of law, the trial judge’s ruling on the admission of evidence will not be disturbed on appeal.”); Bishop v. S.C.
cited Cited as authority (rule) Cunningham ex rel. Grice v. Helping Hands, Inc.
S.C. Ct. App. · 2001 · confidence medium
Hoeffner v. The Citadel, 311 S.C. 361, 367 , 429 S.E.2d 190, 193 (1993); Bramlette v. Charter-Medical-Columbia, 302 S.C. 68, 74 , 393 S.E.2d 914, 917 (1990).
cited Cited as authority (rule) Maxine B. Cooper v. Laboratory Corporation of America Holdings, Incorporated, and Esab Group, Incorporated Roche Biomedical Laboratories, Incorporated
4th Cir. · 1998 · confidence medium
Hoeffner v. Citadel, 311 S.C. 361 , 429 S.E.2d 190, 192 (1993).
discussed Cited as authority (rule) Maytag Corp. v. Clarkson
D.S.C. · 1995 · confidence medium
Therefore, “[arguments by counsel which invite the jury to base its verdict on considerations not relevant to the merits of the case are improper,” Hoeffner v. The Citadel, 429 S.E.2d 190, 193 (S.C.1993); and may warrant grounds for a new trial.
discussed Cited as authority (rule) Gunther v. Charlotte Baseball, Inc.
D.S.C. · 1994 · confidence medium
In Hoeffner v. The Citadel, 429 S.E.2d 190, 193 (S.C.1993), the South Carolina Supreme Court reaffirmed those elements: “In the absence of express consent to assume the risk, the plaintiffs conduct can be said to imply assumption of the risk where it is shown that he understood and appreciated a known danger created by the defendant, and then freely and voluntarily exposed himself to it.” Recognizing the overwhelming weight of authority against her, the plaintiff hinges her argument upon Callander v. Charleston Doughnut Corp., 305 S.C. 123 , 406 S.E.2d 361 (1991), which adopted the Restate…
examined Cited "see" Proctor v. Department of Health & Environmental Control (4×)
S.C. Ct. App. · 2006 · signal: accord · confidence high
“The trial judge has wide discretion in determining the relevancy of evidence, and his decision to admit or reject evidence will not be reversed on appeal absent an abuse of that discretion.” Moore v. Moore, 360 S.C. 241, 258 , 599 S.E.2d 467, 476 (Ct.App.2004); accord Hoeffner v. The Citadel, 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993); Davis v. Traylor, 340 S.C. 150, 155 , 530 S.E.2d 385, 387 (Ct.App.2000); Hawkins v. Pathology Assocs. of Greenville, P.A., 330 S.C. 92, 108 , 498 S.E.2d 395, 404 (Ct.App.1998).
discussed Cited "see" State v. Moore (2×)
S.C. · 2004 · signal: see · confidence high
See Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190 (1993) (noting that arguments which invite the jury to base its verdict on considerations not relevant to the merits of the case are improper); State v. Patterson, 324 S.C. 5 , 482 S.E.2d 760 (1997) (trial judge is allowed discretion in dealing with the range and propriety of closing argument to the jury, and rulings on such matters will not be disturbed absent an abuse of discretion). 2.
discussed Cited "see" Bensch v. Davidson (2×)
S.C. · 2003 · signal: see · confidence high
See Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190 (1993) (trial court’s ruling on admission of evidence will not be disturbed on appeal absent abuse of discretion amounting to error of law).
discussed Cited "see" Strother v. Lexington County Recreation Commission (2×)
S.C. · 1998 · signal: see · confidence high
See Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190 (1993) (a trial court’s ruling on the admission of evidence will not be disturbed on appeal absent an abuse of discretion amounting to an error of law). 3 .
examined Cited "see" Strother v. Lexington County Recreation Commission (4×)
S.C. Ct. App. · 1996 · signal: see · confidence high
See Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190 (1993) (A trial court's ruling on the admission of evidence will not be disturbed on appeal absent an abuse of discretion amounting to an error of law.)
examined Cited "see" Pryor v. Northwest Apartments, Ltd. (3×)
S.C. Ct. App. · 1996 · signal: see · confidence high
Senn v. Sun Printing Co., 295 S.C. 169 , 367 S.E.2d 456 (Ct.App.1988); see Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E2d 190 (1993) (the defense of assumption of the risk applies where the plaintiff assumes a risk of harm arising from the defendant's negligent or reckless conduct); Mayes v. Paxton, 313 S.C. 109 , 437 S.E.2d 66 (1993) (in the absence of express consent to assume the risk, the plaintiff's consent can be implied where he understands and appreciates a known danger created by the defendant, and then freely and voluntarily exposes himself to it).
discussed Cited "see, e.g." Joseph P. Sellaro v. SCDSS (2×)
S.C. Ct. App. · 2025 · signal: see, e.g. · confidence low
See, e.g., Hoeffner v. The Citadel, 311 S.C. 361, 365 , 429 S.E.2d 190, 192 (1993); Kemmerlin v. Wingate, 274 S.C. 62, 65 , 261 S.E.2d 50, 51 (1979); City of York, 317 S.C. at 197 , 452 S.E.2d at 617 (finding an expert was necessary to establish the standard of care because it would require "professional knowledge of construction methods" to determine whether an engineering company should have known of a defect).
discussed Cited "see, e.g." Christopher Morris, Individually and as Administrator of the Estate of Amy Christine Wade v. Steven Corder, M.D.
W. Va. · 2021 · signal: see also · confidence medium
Corp., 290 A.2d 281, 286 (N. J. 1972) (concluding it would be “anomalous to hold that defendant has a duty . . . but a breach of that duty results in no liability for the very injury the duty was meant to protect against.”); see also Hoeffner v. The Citadel, 429 S.E.2d 190, 193 (S. C. 1993) (same). 4 The Court recognizes, of course, that some jurisdictions have indeed created a custodial prerequisite to actions alleging a common law duty to prevent suicide.
discussed Cited "see, e.g." Watson v. Spring Harbor Hosp.
Me. Super. Ct · 2008 · signal: compare · confidence medium
Compare Maunz, 76 P.3d at 1032-35 , and Hobart, 705 N.B. 2d at 911 (comparative negligence defense available) with White, 975 S.W.2d at 530-31 , and Hoeffner, 429 S.E.2d at 193 (comparative negligence defense unavailable).
discussed Cited "see, e.g." Cunningham v. Helping Hands, Inc. (2×)
S.C. · 2003 · signal: see also · confidence low
See also Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190 (1993) (same) (hereinafter referred to as the Bramlette rule).
discussed Cited "see, e.g." Greenville Women's v. Bryant
4th Cir. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Hoeffner v. The Citadel, 429 S.E.2d 190, 192 (S.C. 1993) (requiring expert testimony to determine defendant doctor's standard of care and breach thereof).
discussed Cited "see, e.g." Greenville Women's Clinic v. Commissioner, South Carolina Department of Health & Environmental Control (2×)
4th Cir. · 2002 · signal: see, e.g. · confidence low
See, e.g., Hoeffner v. The Citadel, 311 S.C. 361 , 429 S.E.2d 190, 192 (1993) (requiring expert testimony to determine defendant doctor’s standard of care and breach thereof).
Retrieving the full opinion text from the archive…
Ann M. HOEFFNER and Thomas A. Hoeffner, Personal Representatives of the Estate of Gerald P. Hoeffner, Deceased, Appellants
v.
THE CITADEL and Joseph C. Franz, M.D., Respondents
23840.
Supreme Court of South Carolina.
Apr 12, 1993.
429 S.E.2d 190
Ellis I. Kahn and Justin S. Kahn both of Solomon, Kahn, Budman & Strieker, Charleston, for appellants., Thomas Dewey Wise of Wise & Cole and M. Dawes Cooke, Jr. of Barnwell, Whaley, Patterson & Helms, Charleston, for respondents.
Harwell, Finney, Toal, Moore, Cureton.
Cited by 50 opinions  |  Published
3 passages pin-cited by 5 cases
Pinpoint authority: #18,045 of 633,719
Citer courts: Court of Appeals of South Caro… (4) · Hawaii Supreme Court (2)
Harwell, Chief Justice:

Ann M. Hoeffner and Thomas F. Hoeffner (Hoeffners) brought a wrongful death action against The Citadel and Joseph C. Franz, M.D. (Franz), after their son committed suicide. After the jury returned a verdict for respondents, the Hoeffners appealed, alleging, among other things, that the[*364] trial judge erred by instructing the jury that an act of suicide could constitute assumption of the risk. We agree that the trial judge’s charge on assumption of the risk was inappropriate, and reverse for a new trial.

I. FACTS

In January 1987, Gerald Hoeffner (Gerald), a Citadel sophomore, experienced emotional difficulty and told Franz, The Citadel’s physician, that he often had thoughts of suicide. Franz referred Gerald to the school’s counselor, Captain Robert Sauers (Sauers). Franz continued to treat Gerald periodically for unrelated medical problems and in March noted that Gerald was still depressed and having many suicidal thoughts. On April 12, Gerald hanged himself in his dormitory room.

The Citadel, at the direction of its president, General Grimsley (Grimsley), conducted an investigation into Gerald’s death. Following the investigation, Grimsley issued a memorandum placing Franz on probation. Grimsley’s memorandum expressly stated that he found no evidence linking Gerald’s suicide to Franz’s conduct. Further, the memorandum indicated that probation was administered as a result of Grimsley’s belief that Franz periodically exceeded the scope of both his assigned duties and his professional competence.

In 1989, the Hoeffners filed this wrongful death action, alleging that The Citadel and Franz were negligent in caring for their son. The case was tried before a jury that was instructed it could find Hoeffner assumed the risk that caused his death if he 1) had actual knowledge of the danger, 2) understood and appreciated the risk of such danger, and 3) voluntarily exposed himself to such risk. During deliberations, the jury asked to be recharged on the law of assumption of the risk. Twenty minutes after being recharged, the jury returned a verdict for Franz and The Citadel. The Hoeffners appeal several of the trial judge’s rulings.

II. DISCUSSION

The Hoeffners first contend that The Citadel’s act of placing Franz on probation demonstrated that Franz was negligent and, as a result, constituted an admission of culpability by The Citadel. Therefore, the Hoeffners believe that the trial judge[*365] erred by excluding evidence that Franz had been placed on probation. We disagree.

Where professional negligence is alleged, expert testimony will usually be necessary to establish both the standard of care and the defendant’s departure therefrom, unless the subject matter is within the ambit of common knowledge and experience, so that no special learning is needed to evaluate the conduct of the defendant. Pederson v. Gould, 288 S.C. 141, 341 S.E. (2d) 633 (1986). Here, Grimsley was not qualified as a medical expert and the Hoeffners did not assert that Franz’s professional negligence was within the realm of lay understanding. The trial judge ruled that Grimsley’s lay opinion could not establish Franz’s professional negligence. Absent a clear abuse of discretion amounting to an error of law, the trial judge’s ruling on the admission of evidence will not be disturbed on appeal. Hofer v. St. Clair, 298 S.C. 503, 381 S.E. (2d) 736 (1989). We find no abuse of discretion in the trial judge’s ruling and dismiss the Hoeffners’ first issue as being without merit.

The Hoeffners next contend that the trial judge erred by refusing to allow them to impeach Franz’s credibility with the fact that Franz had been placed on probation. We disagree.

The Hoeffners called Franz, who listed himself as a potential expert witness, as the first witness in their case-in-chief. After eliciting Franz’s medical opinion on several issues, the Hoeffners attempted to introduce evidence that The Citadel had placed Franz on probation in order to impeach his credibility as an expert. The trial judge ruled that Franz’s probation was not relevant to an issue in the case.

Evidence is relevant and admissible if it tends to establish or make more or less probable some matter in issue. Associate Mgmt., Inc. v. E.D. Sauls Constr. Co., 279 S.C. 219, 305 S.E. (2d) 236 (1983). The trial judge has great discretion in the determination of the relevancy of evidence and his decision to either admit or reject evidence will not be disturbed on appeal unless there is an abuse of discretion amounting to an error of law. Merrill v. Barton, 250 S.C. 193, 156 S.E. (2d) 862 (1967).

Franz’s probation was based in part on Grimsley’s perception that Franz often exceeded the scope of his duties as defined by The Citadel and in part on Grims[*366] ley’s opinion that Franz at times exceeded the scope of his professional competence. Franz’s acting outside the scope of his employment is not relevant to his credibility as an expert. Further, Grimsley’s opinion that Franz had exceeded the scope of his professional competence could not be used to question Franz’s credibility as an expert because Grimsley was not qualified to judge Franz’s medical competence. Accordingly, we find no abuse of discretion in the trial judge’s prohibiting Franz’s impeachment by evidence that Grimsley had placed him on probation.

The Hoeffners also contend that the trial judge erred by allowing Franz to respond to their opening statement and closing argument assertions that Franz’s reputation was not at stake in the trial. We disagree.

Arguments by counsel which invite the jury to base its verdict on considerations not relevant to the merits of the case are improper. City of Columbia v. Myers, 278 S.C. 288, 294 S.E. (2d) 787 (1982). Where professional negligence is alleged, comments directing the jury’s attention to the impact that an adverse verdict will have on the defendant’s reputation are objectionable. See Annotation, Malpractice: Propriety and Effect of Instruction or Argument Directing Attention to Injury to Defendant’s Professional Reputation or Standing, 74 A.L.R. (2d) 662 (1960 & Supp. 1992). Thus, Franz’s comments regarding the impact an adverse verdict would have on his professional reputation ordinarily would be improper.

Here, however, the Hoeffners made the initial referenees to Franz’s reputation, thereby opening the door for rebuttal. Further, even assuming that the trial judge erred in allowing Franz’s comments, any harm was cured when the trial judge cautioned the jury not to consider sympathy, passion, or prejudice for or against any of the parties when weighing the evidence. See Merritt v. Great Atlantic & Pacific Tea Co., 179 S.C. 474, 184 S.E. 145 (1936) (trial judge’s error in failing to reprimand counsel’s improper argument and to instruct jury to disregard is not reversible error where the judge later instructs the jury not to try the case on account of bias, prejudice, or sympathy). Consequently, we find no error in the trial judge’s allowing Franz to rebut the inference that his professional reputation would not[*367] be harmed by an adverse verdict.

Finally, the Hoeffners contend that the trial judge erred by instructing the jury that Gerald’s suicide could constitute assumption of the risk. We agree.

The defense of assumption of the risk applies where the plaintiff assumes a risk of harm arising from the defendant’s negligent or reckless conduct rather than his own. See Restatement (Second) of Torts § 496A (1965). In the absence of express consent to assume the risk, the plaintiffs conduct can be said to imply assumption of the risk where it is shown that he understood and appreciated a known danger created by the defendant, and then freely and voluntarily exposed himself to it. See, e.g., Strange v. S.C. Dep’t of Highways and Public Transp., — S.C. —, 414 S.E. (2d) 138 (1992).

It is clear that Gerald’s act of suicide cannot establish that he assumed a risk of harm created by the defendant’s alleged negligence in caring for his mental health. In Bramlette v. Charter-Medical-Columbia, 302 S.C. 68, 393 S.E. (2d) 914 (1990), we stated that where a duty exists to prevent a patient from committing suicide, the very suicide which the defendant has the duty to prevent cannot constitute assumption of the risk or contributory negligence as a matter of law. Bramlette recognizes that whenever a duty exists to prevent suicide, the act of suicide resulting from a breach of that duty cannot establish a defense to liability for the breach. See Cowan v. Doering, 111 N.J. 451, 545 A. (2d) 159 (1988) (it would be anomalous to hold that a breach of duty results in no liability for the very injury the duty was meant to protect against). Accordingly, we find that the trial judge erred by instructing the jury that Gerald’s suicide could constitute assumption of the risk.

We are concerned, however, that our decision to apply Bramlette to out-patient settings could be construed to impose a strict duty upon health care professionals to take extreme action whenever a patient expresses signs of depression. Therefore, we take this opportunity to clarify the duty to prevent suicide referred to in Bramlette.

The discharge of a duty requires the exercise of reasonable care. See Hart v. Doe, 261 S.C. 116, 198 S.E. (2d) 526 (1973) (negligence is the failure to use that degree of care which a person of ordinary prudence and reason[*368] would exercise under the same or similar circumstances). Reasonable care, in the context of professional negligence, requires the exercise of that degree of skill and care which is ordinarily employed by members of the profession under similar conditions and in like surrounding circumstances. See King v. Williams, 276 S.C. 478, 279 S.E. (2d) 618 (1981) (degree of care for a physician is that of an average competent practitioner in the same or similar circumstances). Thus, a professional’s duty to prevent suicide requires the exercise of that degree of skill and care necessary to prevent a patient’s suicide that is ordinarily employed by members of the profession under similar conditions and circumstances. Accord Eisel v. Bd. of Education, 324 Md. 376, 597 A. (2d) 447 (1991) (school counselors have a duty to use reasonable means to attempt to prevent a suicide when they are on notice of a student’s suicidal intent); Brandvain v. Ridgeview Institute, Inc., 188 Ga. App. 106, 372 S.E. (2d) 265 (1988), aff'd, 259 Ga. 376, 382 S.E. (2d) 597 (1989) (while there is no duty to guarantee that a patient will not commit suicide, there is a duty to the extent possible under reasonable medical practice to prevent suicide).

Further, the question whether the duty has been breached turns on the professional’s departure from the standard of care rather than the event of suicide itself. See Cox v. Lund, 286 S.C. 410, 334 S.E. (2d) 116 (1985) (two prong burden of proof in medical malpractice case requires that a plaintiff show the applicable standard of care and the defendant’s failure to follow that standard). Therefore, because health care professionals are subject to liability for failure to prevent suicide only when departure from the standards of their profession proximately causes their patient’s suicide, it is clear that Bramlette does not impose strict liability on those with a duty to prevent suicide.

In conclusion, we find that the trial judge erred by instructing the jury as to assumption of the risk. Accordingly, we reverse and remand for a new trial. Our holding makes it unnecessary to address the Hoeffners’ remaining issue.

Affirmed in part, reversed in part, and remanded.

Finney, Toal and Moore, JJ., and Jasper M. Cureton, Acting Associate Justice, concur.