Defense Verdict for an Obstetrician and the Practice Group in a Shoulder Dystocia/Medical Malpractice Case
On October 13, 2017, D. Gary Lovell, Jr. and Lee C. Weatherly obtained a defense verdict for an obstetrician and the practice group in a medical malpractice case filed in Spartanburg County, South Carolina. During the trial, the Plaintiffs claimed that during their minor child’s delivery, the defendant doctor was confronted with the medical emergency known as shoulder dystocia. The Plaintiffs alleged that the defendant doctor negligently pulled on their minor child’s head during the shoulder dystocia event in order to complete his delivery. Plaintiffs claimed that this alleged excessive traction caused the child to suffer permanent injuries to the brachial plexus nerves in his arm, forever rendering it impaired. While the Plaintiff admitted that the physician in this case was not grossly negligent, Lee and Gary presented evidence from multiple fact and expert witnesses to prove that the treatment provided to the patient occurred in a genuine medical emergency. Therefore, he enjoyed the protection of the South Carolina Emergency Medical Treatment statute giving physicians protection from liability unless they are grossly negligent in their treatment. The jury agreed with the defense and returned a unanimous verdict in favor of the physician and the practice group
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