Eddie Pleamon Sosby, and Jamie May Sosby, individually and as Personal Representative of the Estate of G.S., deceased, (Plaintiff’s) Memo of Law in Opposition to Defendant’s Aveanna Healthcare As, LLC, Aveanna Healthcare, LLC, and Katherine Orr, RN’s Motion to Dismiss; In the Court of Common Pleas 10th Judicial Cir., South Carolina, Oconee County; negligence not medical malpractice standard; notice of intent requirements do not apply to negligence claims based on nonmedical, administrative, ministerial, or routine care; complaint properly alleges defendants’ misconduct was a failure of administrative, ministerial, or routine care

Document Details

State:

South Carolina

Court:

Court of Common Pleas Tenth Judicial Circuit

Court Type:

State Trial

Style of Case:

N/A

Victims Counsel:

Jordan C. Calloway and S. Randall Hood (McGowan, Hood & Felder, LLC), J. Kirkman Moorhead (Moorhead LeFevre P.A.)

Defendant:

Aveanna Healthcare AS, LLC fka PSA Healthcare ("PSA"), Aveanna Healthcare, LLC ("Aveanna"), Katherine Orr, RN, 1st Clemson Rentals, LLC, Davis Creek Baptist Church, ABC Corporation, an unidentified plumbing contractor

Perpetrator:

N/A

Document Type:

Pleading

Pleading Type:

N/A

Argument Category:

N/A

Arguments Summary:

Defendants' Motion to Dismiss. Plaintiffs’ Complaint does not challenge a medical judgment call or complex treatment decision on which reasonable nurses may disagree. Plaintiffs instead allege Orr bathed G.S., Plaintiffs’ two year old son, in scalding hot water without testing the water first. As a result, G.S. suffered severe burns to his buttocks and legs that contributed to his death

Desposition Type:

N/A

Deponent Name:

N/A

Expert Report Type:

N/A

Expert Name:

N/A