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TURNER v. DUKE UNIVERSITY

No. 526A88.

381 S.E.2d 706 (1989)

325 N.C. 152

Richard D. TURNER, Administrator of the Estate of Jane L. Turner v. DUKE UNIVERSITY, Private Diagnostic Clinic, and Allan H. Friedman, M.D.

Supreme Court of North Carolina.

July 26, 1989.

Attorney(s) appearing for the Case

Leonard T. Jernigan, Jr., P.A., Raleigh, for plaintiff-appellant.

Yates, Fleishman, McLamb & Weyher by Beth R. Fleishman and Barbara B. Weyher, Raleigh, for defendant-appellee Duke University.

Newsom, Graham, Hedrick, Bryson & Kennon by E.C. Bryson, Jr., Joel M. Craig, and Mark E. Anderson, Durham, for defendant-appellees Private Diagnostic Clinic and Allan Friedman, M.D.

MEYER, Justice.

This is a wrongful death action based on alleged medical malpractice. The evidence presented at trial tended to show the following facts and circumstances. In 1982, plaintiff's wife, Jane L. Turner, was diagnosed as having lung cancer, for which she received chemotherapy and radiation treatment. She subsequently developed herpes zoster, or shingles. In time, the shingles disappeared, but Mrs. Turner was left with constant post-herpetic pain in her...

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