SC Doctor Keeps Trial Win In Birth Injury Suit

By Jonathan Capriel (October 7, 2021, 7:20 PM EDT) -- A South Carolina state appeals court has denied a request for a new trial by a couple alleging a doctor was negligent in the emergency delivery of their baby, finding the trial court judge appropriately allowed the physician to rely on the state's emergency medical care statute as an affirmative defense against simple negligence.

The three-judge panel on Wednesday affirmed the lower court's decision to deny Treva and Tristan Flowers, parents to Ashley, a new trial in their medical malpractice lawsuit against a clinic, Spartanburg & Pelham OBGYN PA, and one of its employees, Dr. Bang Giep.

A jury verdict determined the...

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