JACKSON v. BUMGARDNER

No. 670A84.

347 S.E.2d 743 (1986)

Varonica L. JACKSON and Rufus H. Jackson v. Heath D. BUMGARDNER.

Supreme Court of North Carolina.

August 29, 1986.


Attorney(s) appearing for the Case

Nance, Collier, Henderson & Wheless by James R. Nance, Jr., Fayetteville, for plaintiff-appellees.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Samuel G. Thompson, Jodee Sparkman King, and William H. Moss, Raleigh, for defendant-appellant.


FRYE, Justice.

The question before this Court is whether plaintiffs' complaint states a claim recognizable in this State for medical malpractice and breach of contract where the injury complained of is defendant's improper failure to replace an intrauterine device, resulting in plaintiff wife's pregnancy and the consequent birth of a healthy child. We hold that the complaint states a recognizable claim for medical malpractice as to plaintiff wife.

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