In Linog v. Yampolsky, 2008 S.C. LEXIS 10 (S.C. 2008), the South Carolina Supreme Court held that South Carolina does not recognize the tort of medical battery, even in situations where plaintiffs claim they did not consent to a particular procedure. The plaintiff in a medical malpractice claim must prove negligence. The evidence must show that the health care provider departed from the recognized and generally accepted standards of care.

Ronald W. Eades, Professor of Law at the Louis D. Brandeis School of Law at the University of Louisville explains the Steel Techs case in this commentary.