Legal Opinion

Durham v. Vinson

Supreme Court of South Carolina

Decided September 13, 2004No. 25872PublishedCited by 18 opinions

1Opinion of the Court

Chief Justice TOAL:

We are asked to rule on several issues regarding alleged errors made during a medical malpractice trial. We affirm in part and reverse in part.

Factual/Procedural Background

Respondent-Appellant, Nellie Durham (Durham), was referred to Appellant-Respondent, Dr. David Vinson (Dr. Vinson), for a surgical evaluation after being diagnosed with acid reflux and a hiatal hernia. On October 26, 1996, Dr. Vinson attempted to repair the hernia by performing a laparoscopic Nissen fundoplieation (LNF) — an advanced form of laparoscopic surgery. During the LNF, Dr. Vinson did not “take…

2Cases cited14 opinions

  1. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  2. Gamble v. StevensonSupreme Court of South Carolina · 1991
  3. Taylor v. MedenicaSupreme Court of South Carolina · 1996
  4. Cruger v. LoveSupreme Court of Florida · 1992
  5. Cock-N-Bull Steak House, Inc. v. Generali InsuranceSupreme Court of South Carolina · 1996

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. David v. McLeod Regional Medical CenterSupreme Court of South Carolina · 2006
  2. Branham v. Ford Motor Co.Supreme Court of South Carolina · 2010
  3. Mousseau v. SchwartzSouth Dakota Supreme Court · 2008
  4. Webb v. CSX Transportation, Inc.Supreme Court of South Carolina · 2005
  5. Melton v. Medtronic, Inc.Court of Appeals of South Carolina · 2010

13 more not listed; retrieve them via the Exa API.

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