Robert Smith, administrator and personal representative of A.S., deceased v. Carolyn Clark, M.D., and Cabell Huntington Hospital

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Infant died during an attempt to deliver her from her mother’s womb during an obstetrical emergency. Petitioner brought this wrongful death action against respondent-physician, Dr. Carolyn Clark, and respondent-hospital, Cabell Huntington Hospital, Inc. A jury found in favor of respondents. Petitioner now appeals the November 17, 2017, order denying his motion for a new trial and renewed motion for judgment notwithstanding the verdict based on his claims of trial error. Respondent-doctor cross appeals and argues petitioner’s expert improperly invoked the “locality rule” at trial in derogation of the national standard of care.