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SMITH v. REGIONAL MEDICAL CENTER

No. 4847.

394 S.C. 110 (2011)

713 S.E.2d 656

Samuel G. SMITH, Sr., Melissa Smith, and Samuel G. Smith, Jr., an infant under the age of Fourteen (14) years, by and through his next friend, Samuel G. Smith, Appellants, v. The REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES, Elizabeth A. Lewis, D.O., and AMN Healthcare, Inc. d/b/a Staff Care, Defendants, Of whom The Regional Medical Center of Orangeburg and Calhoun Counties is the Respondent.

Court of Appeals of South Carolina.

Decided June 22, 2011.

Rehearing Denied August 23, 2011.

Attorney(s) appearing for the Case

Charles L. Henshaw, Jr. , of Columbia, for Appellant.

Richard B. Ness , of Bamberg, for Respondent.

KONDUROS, J.

The parents of Samuel G. Smith, Jr., brought a negligence claim on behalf of themselves and their minor child (collectively the Smiths) for the treatment Smith received from The Regional Medical Center of Orangeburg and Calhoun Counties (TRMC), a governmental entity under the Tort Claims Act (TCA).1 The Smiths appeal the trial court's granting of partial summary judgment to TRMC based on its finding that a governmental hospital...

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