James Hood Obtains Defense Verdict in Medical Malpractice Case
IADC member James Hood, along with associate Davis Rice, obtained a defense verdict on September 21, 2012 in Greenville County, South Carolina before The Honorable Garrison Hill. The Plaintiff filed a medical malpractice action against a family practice physician and his practice in connection with the death of the Plaintiff's spouse who was 36 years old. Based on the autopsy report, the Plaintiff alleged that the decedent died from a heart condition known as Arrhythmogenic Right Ventricular Cardiomyopathy (ARVC). The Plaintiff alleged that the doctor should have referred the decedent to a cardiologist after the decedent presented with complaints of chest pain, and if a referral was made, the decedent's heart condition would have been diagnosed and treated. The defense presented expert testimony from two of the world's leading authorities on ARVC who concluded that the decedent did not have ARVC and that the autopsy pathologist incorrectly diagnosed the decedent with this condition. The defense established that the doctor conducted an appropriate workup and evaluation, and a cardiology referral was not medically indicated. The case was tried for five days, and the jury deliberated for less than one hour before returning a defense verdict in favor of the family practitioner and his practice.
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