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Todd W. Smyth

Todd is one of the firm's founding partners. He is a skilled trial lawyer whose practice focuses on defending healthcare providers and industries across South Carolina. 

Contact

tsmyth@smythwhitley.com

ph. 843-606-5628

fx. 843-654-4095

Education

  • University of South Carolina, J.D., 1994

  • Wofford College, B.A., 1991

    • Magna Cum Laude ​

Admissions

  • South Carolina, 1994

  • U.S. Court of Appeals, Fourth Circuit, 1995

  • U.S. District Court, South Carolina, 1995

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About

Over the last 25 years, Todd has successfully tried numerous medical cases to verdict in both state and federal courts in South Carolina and, as a result, has been repeatedly recognized in The Best Lawyers in America® - Medical Malpractice Law and as a South Carolina Super Lawyer- in the area of Personal Injury Defense-Medical Malpractice. In 2012 and 2016, Smyth was honored as Best Lawyers' Lawyer of the Year for Medical Malpractice- Defense in Charleston, SC. Mr. Smyth has also successfully represented health care professionals in medical licensure matters before the South Carolina Board of Medicine and the South Carolina Board of Dentistry. As a result of his significant trial experience, he was invited to join the American Board of Trial Advocates (ABOTA) and did so in 2021.

 

Mr. Smyth also serves as statewide trial counsel to a large national pharmacy in claims involving prescription errors, counseling responsibilities, privacy and other related issues. He has represented long-term care providers in several hundred different matters dealing with such issues as alleged medication errors, nutritional deprivation, resident abuse, elopement, falls, assaults, neglect, decubitus ulcers and alleged violations of OBRA and South Carolina equivalent regulations. He has lectured and written on long term care litigation on multiple occasions. He and his partner have also successfully enforced arbitration agreements at the trial court and appellate court levels.

 

Mr. Smyth is also an experienced appellate lawyer, regularly appearing before the South Carolina Court of Appeals and the South Carolina Supreme Court. In 2008, he argued and won a case before the South Carolina Supreme Court that essentially eliminated the tort of medical battery in South Carolina. This decision was recognized as one of the top-three most important decisions in South Carolina for 2008 by Lawyers Weekly (July 7, 2008 issue).

 

Mr. Smyth is a recognized leader and active in national and state litigation organizations, currently serving as Immediate Past Chairman of DRI’s 1400 member Medical Liability Committee and on the DRI Publications Board. He is a past Vice Chair of the International Association of Defense Counsel's (IADC) Medical Liability Committee. He was the Program Chair for DRI's Long Term Care Seminar in 2009 and is a frequent speaker and presenter on healthcare litigation matters throughout the country. He served as a faculty member for the IADC's Trial Academy held at Stanford University Law School. He has also been an invited speaker at the American Society of Anesthesiologist’s Annual Meeting in 2015, 2016 and 2017. He is currently serving on the Board of Directors for the South Carolina Defense Trial Attorneys Association (SCDTAA) and served as the chair of its annual Trial Academy for 2019.

 

Locally, he serves on the Board of Stewards at Saint Peters Anglican Church. He has previously served as chairman of the board the Campus Outreach college ministry and regularly teaches Sunday School Classes and leads a men’s Bible study. Mr. Smyth has also served on the Board of Visitors for Charleston Southern University, the Charleston Habitat for Humanity Board, Fellowship of Christian Athletes (FCA) and Wofford College’s Terrier Club Board of Directors.

 

Todd lives in Mount Pleasant with his three children and their golden retriever, Sadie.