Hoard ex rel. Hoard v. Roper Hosp., Inc., 387 S.C. 539

Summary

The Supreme Court of South Carolina reversed the court of appeals and reinstated summary judgment for a radiologist in a medical malpractice action arising from an improperly positioned umbilical vein catheter. The court held that the plaintiffs failed to present evidence that the radiologist's alleged negligence proximately caused the child's injuries, and that speculation about a treating physician's testimony could not create a genuine issue of material fact.

Holdings

1. A party cannot create a genuine issue of material fact merely by asserting that a jury could disbelieve uncontradicted testimony; the opposing party must affirmatively produce evidence demonstrating a genuine issue for trial.
2. The Hoards failed to present evidence that Dr. Smith's alleged breach of the applicable standard of care was a proximate cause of Jamia's injuries, because Dr. Goldstein independently knew the catheter was improperly positioned and deliberately chose not to reposition it.
3. Summary judgment was proper because, even assuming a factual issue existed concerning Dr. Smith's alleged breach, the Hoards failed to establish the separate element of proximate causation.

Questions Presented

1. Whether the Hoards produced evidence creating a genuine issue of material fact that Dr. Smith's alleged failure to identify or communicate the catheter's malposition was a proximate cause of Jamia's injuries.
2. Whether a party opposing summary judgment may avoid summary judgment merely by arguing that a jury could disbelieve uncontradicted testimony.
3. Whether the trial court properly granted summary judgment to Dr. Smith despite a factual question concerning whether he breached the applicable radiology standard of care.

Disposition

reversed