The South Carolina Court of Appeals (“South Carolina Appellate Court”), in its opinion dated July 29, 2020, held: “We conclude Appellants may not use equitable estoppel to bind Weaver to the arbitration provision. Because no valid arbitration agreement existed between… Read More
-
South Carolina Supreme Court Overturns Medical Malpractice Verdict Due To Jury Misconduct Involving Premature Deliberations
The South Carolina Supreme Court, in its opinion dated March 11, 2020, stated, “it is clear Killian’s [a juror’s] conduct severely hampered the fundamental fairness of the trial, and that the circumstances here demonstrate prejudice. Carmichael [another juror] testified that… Read More
-
South Carolina Appellate Court Affirms Hospital Owes No Duty To Insure Doctors Have Medical Malpractice Insurance
The South Carolina Court of Appeals ruled in its opinion filed on January 8, 2020 that the defendant hospital owed no duty to a patient for the medical negligence of a doctor who provided services to a patient at the… Read More
-
South Carolina Lawsuit Alleges Improper Restraint Of Psychiatric Patient Caused His Suffocation Death
On October 21, 2019, a Notice of Intent to File Suit was filed against the South Carolina Department of Mental Health, a psychiatric hospital, and others, alleging that “[s]everal facility staff members grabbed William from behind and threw him to… Read More
-
South Carolina Supreme Court Discusses Statute Of Repose In Medical Malpractice Cases
The issue addressed by the South Carolina Supreme Court in its opinion filed on March 27, 2019 was: “In a medical malpractice case where evidence exists that doctors breached the standard of care on multiple occasions, does the statute of… Read More
-
$3.5M South Carolina Medical Malpractice Verdict For Suicide By Drowning
After a five-day South Carolina medical malpractice wrongful death trial, the jury returned its verdict in the amount of $3,500,250 against the defendant medical practice that employed the two defendant physicians (the two defendant physicians were found not liable by… Read More
-
South Carolina Appellate Court Affirms Denial Of Nursing Home’s Motion To Compel Arbitration
In its opinion dated May 1, 2019, the Court of Appeals of the State of South Carolina (“South Carolina Appellate Court”) affirmed the circuit court’s denial of the defendant nursing home’s motion to compel arbitration of the plaintiff’s nursing home… Read More
-
South Carolina Supreme Court Rules Quest Diagnostics Is A Licensed Health Care Provider
The South Carolina Supreme Court held in its opinion filed on June 27, 2018 that a genetic testing laboratory that performs genetic testing to detect an existing disease or disorder at the request of a patient’s treating physician is acting… Read More
-
$1.26M South Carolina Medical Malpractice Verdict For Infant’s Hand Injury Due To IV Infiltration
On May 9, 2018, a South Carolina medical malpractice jury returned its verdict in favor of a one-month-old child and his mother in the amount of $1,127,280 for the infant and $135,477 for his mother, for the son’s hand injury… Read More
-
Four South Carolina Breast Surgery Patients File Lawsuits Against Hospital After Acquiring Same Infection
Earlier this month, four patients who had breast reconstruction surgery following treatment for breast cancer at a South Carolina hospital and acquired the same type infection filed their South Carolina medical malpractice lawsuits against the hospital, alleging that the hospital… Read More
