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· 5/23/1994

Banks Ex Rel. Estate of Banks v. Medical University

Citations

  • 444 S.E.2d 519
  • 314 S.C. 376
  • 1994 S.C. LEXIS 118

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing a patient’s right to recover for the breach of an express pretreatment warranty to effect a particular result, but denying a patient’s right to recover for the breach of an implied contract arising from a failure to provide adequate medical treatment
  • declining to recognize a cause of action for breach of an implied contract arising from an alleged failure to provide adequate medical treatment
  • “[W]e note that as to Banks herself, the wrongful death statute constitutes the exclusive remedy.” (citing Green v. Southern Railway Company, 319 F.Supp. 919 (D.C.S.C.1970)) and Lee v. Bunch, 373 S.C. 654, 647 S.E.2d 197, 201-02 (2007

Source: CourtListener parenthetical corpus (CC0).

Judges: Chandler, Finney, Toal, Moore, Littlejohn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.