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GALLOWAY v. LAWRENCE

No. 768.

145 S.E.2d 861 (1966)

266 N.C. 245

Laura Gene GALLOWAY, By her Next Friend Daniel J. Parks, v. Benjamin J. LAWRENCE, Jr. Lois GALLOWAY v. Benjamin J. LAWRENCE, Jr.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

White, Crumpler, Powell, Pfefferkorn & Green, Winston-Salem, for plaintiff appellants.

Woltz & Faw, Mount Airy, Womble, Carlyle, Sandridge & Rice, by I. E. Carlyle and H. Grady Barnhill, Jr., Winston-Salem, for defendant appellee.

LAKE, Justice.

The duty which a physician or surgeon owes his patient is determined by the contract by which his services are engaged. Nash v. Royster, 189 N.C. 408, 127 S.E. 356. Ordinarily, he is not an insurer of the success of his treatment of or operation upon the patient and, in the absence of proof of his negligence in the treatment of the patient, or of his failure to possess that degree of professional knowledge...

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