Legal Opinion

Wogan v. Kunze

Supreme Court of South Carolina

Decided September 8, 2008No. 26542PublishedCited by 8 opinions

1Opinion of the CourtJustice Waller

We granted a writ of certiorari to review the Court of Appeals’ opinion in Wogan v. Kunze, 366 S.C. 583, 623 S.E.2d 107 (Ct.App.2005). We affirm the grant of summary judgment in favor of Dr. Kunze, as modified.

FACTS

Petitioner’s husband, James J. Wogan, was diagnosed with rectal cancer in 1997 and was treated with chemotherapy by an oncologist, Dr. Thomas. Mr. Wogan developed a very-severe case of diarrhea, resulting in malnutrition and dehydration, for which he was referred to Respondent, Dr. Kunze, a gastroenterologist. A colostomy was performed to stop the diarrhea but did not remedy the…

2Cases cited13 opinions

  1. Heckler v. RingerSupreme Court of the United States · 1984
  2. McCall v. PacifiCare of California, Inc.California Supreme Court · 2001
  3. Fleming v. RoseSupreme Court of South Carolina · 2002
  4. Sauner v. Public Service AuthoritySupreme Court of South Carolina · 2003
  5. Brogdon Ex Rel. Cline v. National Healthcare Corp.District Court, N.D. Georgia · 2000

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3Cited by8 opinions

  1. Williams ex rel. Estate of Williams v. Preiss-Wal Pat III, LLCDistrict Court, D. South Carolina · 2014
  2. Brown v. JamesCourt of Appeals of South Carolina · 2010
  3. Cole v. Boy Scouts of AmericaSupreme Court of South Carolina · 2011
  4. Marshall v. DoddsSupreme Court of South Carolina · 2019
  5. Anthony Denson v. National CasualtySupreme Court of South Carolina · 2023

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