Legal Question in Constitutional Law in South Carolina
Equitable Estoppel
I have a technical question regarding the usage and application of Equitable Estoppel in the S.C. Courts. My question is can one claim E/E if a case has been heard (unfairly both in the lower court (summary judgment), and additionally appelate level (affirmation) of a bogus decision regarding ''concealment & partial reliance'' of consent /release @ a private hospital involving MUSC a public sector entity of which I did not sign nor have any knowledge of. The case started off as a malpractice but has now gone the way of fraud by all parties. M.U.S.C. failed to disclose they were at all involved in the operation (no ppw at all, ZERO). CAN I CLAIM E/E after having been thru both courts in another seperate action in the same lower state court? OR in the alternative utilize the E/E and fraud against the state of S.C.(M.U.S.C. and S.C. justices(in there legal capacity) in Federal Court? Thank You For You Replies In Advance. Very Much Appreciated.
1 Answer from Attorneys
Re: Equitable Estoppel
I think res judicata is going to bar you from bringing a EE claim at this point. The court likely will determined that this should have been brought before.