Wednesday, December 20, 2006

S.C. Supreme Court affirms summary judgment in med mal case

In Jones v. Day, a mother died after child birth and her estate sued the hospital for medical malpractice. The estate argued that Defendants departed from the standard of medical care in failing to provide post-operative medical attention to the mother after she complained of severe abdominal pain. Summary judgment was granted because there was no admissible evidence suggesting that anyone responsible for the mother's care and treatment, physician or otherwise, was made aware of her abdominal pain and injuries. Affidavits and deposition testimony failed to establish that the mother complained to any hospital staff about abdominal pain.

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