NELSON v. PATRICK

No. 813SC1166.

293 S.E.2d 829 (1982)

Lou S. NELSON v. Simmons I. PATRICK, John E. Flournoy, Gwendolyn S. Rombold, and Kinston Radiological Associates, P. A.

Court of Appeals of North Carolina.

August 3, 1982.


Attorney(s) appearing for the Case

Narron, Holdford, Babb, Harrison & Rhodes by William H. Holdford, Wilson, and Lanier & McPherson by Dallas W. McPherson, Greenville, for plaintiff.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James D. Blount, Jr., Nigle B. Barrow, Jr. and Susan M. Parker, Raleigh, for defendants.


HARRY C. MARTIN, Judge.

The first question before us is whether the trial court erred in dismissing plaintiff's action grounded on the negligent failure of the defendants to obtain her informed consent to the treatment they administered. It is defendants' contention that, bound as we are to the record on appeal, we must adopt their interpretation and find that plaintiff took a voluntary dismissal on the question of defendants...

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