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DiDONATO v. WORTMAN

No. 280A86.

358 S.E.2d 489 (1987)

320 N.C. 423

Anthony Michael DiDONATO, as Administrator of the Estate of Joseph Edward DiDonato v. William J. WORTMAN, Jr., M.D., and John T. Hart, M.D.

Supreme Court of North Carolina.

July 28, 1987.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A. by Gary S. Hemric and Judith E. Egan, Charlotte, for plaintiff-appellant.

Golding, Crews, Meekins & Gordon by John G. Golding and Andrew W. Lax, Charlotte, for defendants-appellees.

North Carolina Academy of Trial Lawyers by Douglas B. Abrams, Raleigh, amicus curiae.

EXUM, Chief Justice.

This is an action for the wrongful death of a stillborn child. Plaintiff administrator alleges that defendant doctors provided prenatal care to the child's mother, Norma DiDonato. Defendants estimated that the child would be born on 10 October 1982. On 26 October 1982 the child had not yet been born, and Mrs. DiDonato underwent an examination that revealed a healthy fetal heartbeat. Four days later the heartbeat had stopped and Mrs. DiDonato delivered...

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