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