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Articles Posted in Wrongful Death

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Appellate Court Rules that Disabled Man’s Negligence Claim Against South Carolina Department of Disabilities and Special Needs Should Have Survived Summary Judgment

Those who are confined to nursing homes and other long-term care facilities are extremely vulnerable. While it would be nice to believe that these individuals are given the care and treatment that they need and deserve, this is not always so. Unfortunately, South Carolina nursing home negligence and medical malpractice…

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Plaintiff’s Medical Malpractice Case Based on Failure to Diagnose Lung Cancer Should Have Gone to the Jury, According to South Carolina Court of Appeals

South Carolina medical malpractice cases can arise in a number of contexts, including not only obvious mistakes, such as leaving an instrument inside a patient’s body or surgically removing the wrong organ, but also more complicated situations, such as a failure to make a timely diagnosis of lung cancer. While…

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After Insurance Company’s Insolvency, the Association Managing Its South Carolina Claims Could Not Offset Amounts Recovered from Other Insurers – Buchanan v. S.C. Property and Casualty Insurance

Being successful in a wrongful death lawsuit arising from a motor vehicle accident requires that the plaintiff prove the basic elements of negligence (duty, breach of duty, damages, and causation). Unfortunately, however, not every legally sound case results in a fair amount of compensation for the victim’s family. The second –…

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$90,000 Jury Verdict in Favor of South Carolina Woman Whose Son Was Stillborn Affirmed on Appeal – Jamison v. Hilton

A stillbirth occurs when a baby dies after the 20th week of pregnancy. According to the March of Dimes, this tragic event happens in about one out of every 160 pregnancies in the United States. It can be caused by a number of factors, including birth defects, problems with the…

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Allen Charge to Jury in South Carolina Motorcycle/Heavy Equipment Accident Was Not Coercive – Johnson v. Sam English Grading, Inc.

In a perfect world, the evidence in a lawsuit would be so obviously convincing in favor of one party or the other that a jury would be able to reach a quick and unanimous verdict. In the real world, however, a case in which the evidence is so clearly in one party’s…

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Trial for death of South Carolina mayor set for August

A lawsuit against the Town of Cottageville involving the shooting death of a former mayor is scheduled to be begin in federal court on August 11. According to reports, the children of the former mayor of Cottageville initially filed the suit in 2012 against the town, the police department and…

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Gaffney woman killed in hit and run near assisted living facility

Residents of assisted living facilities are generally allowed to come and go as they please. They may be asked to sign in and out so that staff members are aware of the residents’ whereabouts, but assisted living facilities typically offer residents more mobility than would a nursing home. However, depending…

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