NEWELL v. TRIDENT MEDICAL CENTER

No. 25815.

359 S.C. 4 (2004)

597 S.E.2d 776

Vivian K. NEWELL, Respondent, v. TRIDENT MEDICAL CENTER, Appellant. and William Newell, Respondent, v. Trident Medical Center, Appellant.

Supreme Court of South Carolina.

Decided May 3, 2004.

Rehearing Denied June 24, 2004.


Attorney(s) appearing for the Case

C. Mitchell Brown, Zoe S. Nettles, and Elizabeth H. Campbell, all of Nelson, Mullins, Riley & Scarborough, of Columbia, for Appellant.

W. Jefferson Leath, Jr. and Timothy W. Bouch, both of Leath, Bouch & Crawford, LLP, of Charleston, for Respondents.


PER CURIAM.

This is an unusual informed consent case. The jury returned verdicts against appellant Trident Medical Center (Hospital), finding doctors were the Hospital's actual agents for purposes of obtaining informed consent. We reverse.

FACTS

Respondent Vivian Newell (Vivian) sought medical care from Dr. Thomas for gall bladder problems. Dr. Thomas recommended surgery and Vivian agreed. The surgery took place at Hospital, where Dr. Thomas...

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