Health Law Keyed to Furrow
Shannon v. McNulty
When Mrs. Shannon (Plaintiff) suffered abdominal and back pain during her first pregnancy, she called her physician repeatedly, Dr. McNulty (Defendant), and the emergency line for her HMO (Defendant) for advice. McNulty (Defendant) was impatient with Shannon (Plaintiff) and did not want to see her again, and the triage nurses told her to call her doctor. She later went into preterm labor and the baby died after delivery due to being severely premature. Plaintiff brought suit for negligence under either a corporate or vicarious liability theory, but the trial court granted McNulty's (Defendant) motion for a compulsory nonsuit. The Plaintiffs filed timely post-trial motions attempting to have the nonsuit removed. The motions were denied, and this appeal followed.
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