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Paralyzed vet settles with VA for $3.2M
A paralyzed Vietnam War veteran from Columbia settled a suit with the U.S. government for $3.2 million in October after he offered evidence that the Veterans Affairs hospital that treated him failed to send him to a spine surgeon, leading to his paralysis, his attorneys report. Lee Atkinson of Blasingame, Burch, Garrard & Ashley […]
Sepsis leads to amputations, $16.4M settlement
A South Carolina woman who had three limbs amputated after Crohn’s disease led to sepsis has settled a lawsuit against a hospital, her doctor, a surgeon, and a gastroenterologist for $16.4 million, her attorney reported. The then 18-year-old was playing college basketball on a scholarship when she began suffering stomach pains, said Chad McGowan of […]
Estate settles for $6M over cancer misdiagnosis
The family of a man who died of cancer after his doctor told him he was cancer-free has reached a $6 million settlement with the doctor’s practice, the plaintiff’s attorney reports. The settlement was unusually large because of the defendant’s efforts to cover up the malpractice, said attorney Robert Phillips of McGowan, Hood & Felder […]
Med-mal suit over weight-loss drug settled for $750K
The estate of a Midlands woman who died after allegedly being improperly prescribed a weight-loss drug has reached a $750,000 confidential medical malpractice settlement with the woman’s physician, the attorney for the estate reports. Francis “Brink” Hinson of the Finkel Law Firm in Columbia reports that the estate alleged that the defendant physician improperly overprescribed […]
Tort/Negligence – Medical Malpractice – Emergency Surgery – Vasopressor Dosage
As relevant to this case, S.C. Code Ann. § 15-32-230 provides protection from a medical malpractice claim when the alleged negligent act was (1) taken by a physician (2) during emergency surgery and (3) occurred within the surgical suite. The plaintiff-patient points to no evidence that her surgery at the defendant-hospital was not emergent or […]
Tort/Negligence – Medical Malpractice – Charitable Organization – Damages Cap – ‘Occurrence’
The South Carolina Solicitation of Charitable Funds Act caps damages at $1.2 million for each occurrence in which a physician is involved in the alleged tort. Given plaintiff’s allegations against two doctors and a physician’s assistant over several months, the court cannot find as a matter of law that there was only one occurrence of […]
Tort/Negligence – Medical Malpractice – Civil Practice – Statute of Limitations – Patient’s Awareness
As of May 21, 2014, plaintiff knew she had sepsis and faced amputations; however, it appears that neither she nor her doctors were clear as to the underlying cause of her injury: that failure to diagnose and/or treat her abdominal pain resulted in bowel perforation and subsequent sepsis. Because the record does not show when […]
Tort/Negligence – Medical Malpractice – Expert Testimony – ER PA – Crohn’s Disease
Plaintiff’s expert agreed that (1) the defendant-physician’s assistant’s duty was to bring plaintiff’s test results to the attention of a physician on duty and (2) the defendant-ER physician’s actions would not likely have been different had the PA brought the concern to him. Nowhere is it suggested that the PA had a duty to bring […]
Tort/Negligence – Medical Malpractice – Expert Testimony – ER Visits – Crohn’s Disease
With regard to plaintiff’s September 2013 visit to an emergency room, her expert’s theory of the ER doctor’s liability boils down to the fact that – by not admitting plaintiff to the hospital – the ER doctor left plaintiff in the hands of the defendant-gastroenterologist, who allegedly diagnosed Crohn’s disease but failed to inform plaintiff […]
Tort/Negligence – Medical Malpractice – DNA Testing Lab – Certified Question
When a genetic testing laboratory performs testing at the request of a patient’s treating physician for the purpose of assisting the treating physician in detecting an existing disease or disorder, the lab qualifies as a “licensed health care provider[]” under S.C. Code Ann. § 38-79-410. The answer to the federal district court’s question is “Yes.” […]
Jury gives $1.3M for scarring of infant in hospital
A jury in Orangeburg County recently awarded a 3-year-old boy and his mother a $1.3 million medical malpractice verdict against the county’s Regional Medical Center. Attorneys for the plaintiff claimed in court documents that the hospital was grossly negligent in providing care for the son of Tekayah Hamilton, who was 1 month old at the […]
Tort/Negligence – Medical Malpractice – Future Damages – Medical Care – Free VA Services
Plaintiff received past medical services from the Veterans Administration and is eligible to continue to receive free medical services from the VA in the future; however, the VA is the healthcare provider which allegedly caused plaintiff’s grievous injuries. Although the government does not pay twice for the same injury, no federal authority requires an injured […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
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