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LINOG v. YAMPOLSKY

No. 26419.

376 S.C. 182 (2008)

656 S.E.2d 355

Nitus Joanne LINOG, Appellant, v. Mark YAMPOLSKY, D.D.S., and Eloise Bradham, M.D., Respondents.

Supreme Court of South Carolina.

Decided January 14, 2008.

Attorney(s) appearing for the Case

Brooks Roberts Fudenberg, of Charleston, and Geoffrey H. Waggoner, of Mt. Pleasant, for Appellant.

Andrew Steven Halio, of Halio & Halio, of Charleston, for Respondent Mark Yampolsky.

Todd W. Smyth and Neil D. Thomson, both of Haynsworth Sinkler Boyd, of Charleston, for Respondent Eloise Bradham.

Marvin D. Infinger and Lydia B. Applegate, both of Haynsworth Sinkler Boyd, of Charleston, for Amicus Curiae South Carolina Medical Association.

Chief Justice TOAL.

This is an appeal from a grant of summary judgment in favor of Respondents Dr. Mark Yampolsky and Dr. Eloise Bradham as to Appellant Nitus Linog's ("Appellant") claim for medical battery. Appellant based her claim on her purported revocation of consent to a dental procedure during the surgery and while under anesthesia. The trial court found no South Carolina precedent recognizing medical battery based on withdrawal of consent, but ruled that even...

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