COX v. HAWORTH

Nos. 8118SC192, 8118SC193.

283 S.E.2d 392 (1981)

Alfred W. COX v. Chester C. HAWORTH, Jr., M.D., and High Point Memorial Hospital, Inc. Avis Helen COX v. Chester C. HAWORTH, Jr., M.D., and High Point Memorial Hospital, Inc.

Court of Appeals of North Carolina.

October 20, 1981.


Attorney(s) appearing for the Case

Barefoot & White by Spencer W. White, Greensboro, for plaintiff-appellants.

Nichols, Caffrey, Hill, Evans & Murrelle by G. Marlin Evans, Greensboro, for defendant-appellee.


BECTON, Judge.

The Coxes argue that the trial court improperly granted summary judgment to the Hospital because (1) Dr. Haworth, their privately retained physician, was an agent of the Hospital; and (2) the Hospital was liable to them under both corporate negligence and battery theories since the Hospital was under a duty to, but never did, obtain Mr. Cox's informed consent before Dr. Haworth performed the myelogram. We reject these arguments.

We note initially...

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