Legal Opinion

Smothers v. Richland Memorial Hospital

Court of Appeals of South Carolina

Decided October 20, 1997No. 2738PublishedCited by 6 opinions

1Opinion of the Court

STILWELL, Judge:

James Donald Smothers, Jr. appeals the trial court’s determination that a prior release of claims precludes the present medical malpractice action. We affirm.

FACTUAL BACKGROUND

On October 23, 1981, Smothers was involved in an automobile accident which required emergency surgery at Richland Memorial Hospital (Hospital). Doctor J. Jeffrey Brown, accompanied by resident physicians Louis Viamontes and McCrea Ewart, performed the surgery during which Smothers’s severed right hepatic artery and right hepatic duct were repaired. Smothers was later readmitted to the hospital with fever…

2Cases cited8 opinions

  1. Schmidt v. SmithSupreme Court of Minnesota · 1974
  2. Cherry v. ThomassonSupreme Court of South Carolina · 1981
  3. Gray v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1985
  4. Smothers v. United States Fidelity & Guaranty Co.Court of Appeals of South Carolina · 1996
  5. Gaymon v. Richland Memorial HospitalSupreme Court of South Carolina · 1997

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3Cited by6 opinions

  1. Hinton v. Designer Ensembles, Inc.Supreme Court of South Carolina · 2000
  2. Truck South, Inc. v. PatelSupreme Court of South Carolina · 2000
  3. Hinton v. Designer Ensembles, Inc.Court of Appeals of South Carolina · 1999
  4. Cox v. County of FlorenceSupreme Court of South Carolina · 1999
  5. Hinton v. Designer Ensembles, Inc.Court of Appeals of South Carolina · 1999

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