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PROVEAUX v. MED. UNIVER. OF SOUTH CAROLINA

No. 24589.

326 S.C. 28 (1997)

482 S.E.2d 774

Terry PROVEAUX, Appellant, v. MEDICAL UNIVERSITY OF SOUTH CAROLINA, Donald R. Johnson, III, M.S., Phanor Perot, M.D., and Acromed Corporation, of whom Phanor Perot, M.D. is, Respondent. Joseph H. PROVEAUX, Appellant, v. MEDICAL UNIVERSITY OF SOUTH CAROLINA, Donald R. Johnson, III, M.D., Phanor Perot, M.D., and Acromed Corporation, of whom Phanor Perot, M.D. is, Respondent.

Supreme Court of South Carolina.

Decided March 10, 1997.

Attorney(s) appearing for the Case

Eric S. Bland, of Connell & Bland, Columbia; and Lawrence E. Richter and W. Tracy Brown, both of The Richter Law Firm, P.A., Mt. Pleasant, for Appellants.

Thomas Dewey Wise and Robert B. Ransom, both of Wise, Pratt-Thomas, Pearce, Epting & Walker, P.A., Charleston, for Respondent.

Charles E. Carpenter, Jr., and Deborah Harrison Sheffield, both of Richardson, Plowden, Carpenter & Robinson, P.A., Columbia, for Amicus Curiae University of South Carolina School of Medicine.

TOAL, Justice:

These companion cases involve the single issue whether respondent, a physician at the Medical University of South Carolina (MUSC), is immune from suit under the South Carolina Governmental Tort Claims Act. We hold he is and affirm.

FACTUAL/PROCEDURAL BACKGROUND

Terry Proveaux injured her back when she fell twenty feet from a deer stand while hunting. She had emergency surgery on November 2, 1992, at MUSC. The surgery involved lumbar...

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