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SMALLING v. MASELLI

Appellate Case No. 2019-001304 Opinion No. 5949.

438 S.C. 588 (2022)

884 S.E.2d 510

Phillippa SMALLING, individually and as Next Friend for Jahmerican M., a minor, Appellant, v. Lisa R. MASELLI, M.D., both individually and as agent/employee of Carolina OB-GYN, Respondent.

Court of Appeals of South Carolina.

Filed November 2, 2022.

Rehearing Denied March 30, 2023.

Attorney(s) appearing for the Case

Edward L. Graham , of Graham Law Firm, PA, of Pendleton, for Appellant.

James Bernard Hood and John O'Connor Radeck, Jr. , of Hood Law Firm, LLC, of Charleston, and Deborah Harrison Sheffield , of Hood Law Firm, LLC, of Columbia, all for Respondent.

Phillippa Smalling, individually and as Next Friend for Jahmerican M., a minor, brought this medical malpractice action against Dr. Lisa Maselli for injuries suffered by Minor during his birth. Smalling challenges the circuit court's application of section 15-32-230 of the South Carolina Code (Supp. 2022), which requires gross negligence...

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