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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!