HYDER v. WEILBAECHER

No. 8128SC143.

283 S.E.2d 426 (1981)

Richard L. HYDER and wife, Grace A. Hyder, v. David A. WEILBAECHER, M.D.

Court of Appeals of North Carolina.

October 20, 1981.


Attorney(s) appearing for the Case

Roberts, Cogburn & Williams by Landon Roberts, and Long, McClure, Parker & Payne by Robert B. Long, Jr., Asheville, for plaintiffs-appellants.

Dameron & Burgin by Charles E. Burgin, Marion, for defendant-appellee.


HARRY C. MARTIN, Judge.

Plaintiffs' assignments of error relate solely to exceptions taken to several portions of the trial court's instructions to the jury. As the doctrine of res ipsa loquitur is applicable to the facts of the case and critical to an understanding of the alleged errors in the jury charge, we will first review the law in this area.

A surgeon is not ordinarily an insurer of the success of his operation, and in malpractice actions there is...

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