Phillippa Smalling v. Lisa R. Maselli

Syllabus

Phillippa Smalling, individually and as Next Friend for Jahmerican M., a minor, brought this medical malpractice action against Dr. Lisa Maselli, M.D., both individually and as agent/employee of Carolina OB-GYN, for injuries suffered by Minor during his birth. Smalling challenges the circuit court's application of section 15-32-230 of the South Carolina Code (Supp. 2022), which requires gross negligence to impose liability in certain emergency and obstetrical care situations. We affirm.