DONALDSON v. CHARLOTTE MEMORIAL HOSP.

No. 8926SC28.

387 S.E.2d 60 (1990)

96 N.C. App. 663

William Dalmas DONALDSON v. CHARLOTTE MEMORIAL HOSPITAL & MEDICAL CENTER, INC., and Burton L. Thomsen, M.D.

Court of Appeals of North Carolina.

January 4, 1990.


Attorney(s) appearing for the Case

Karney & Poling, P.A. by Richard D. Poling, Charlotte, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe by Mark C. Kurdys, Charlotte, for defendants-appellees.


COZORT, Judge.

The question raised by this appeal is whether the trial court committed reversible error in reciting verbatim N.C.Gen.Stat. § 90-21.12 when instructing the jury, in a medical malpractice action, on the health care provider's duties of care. We hold that the court's instructions were confusing to the jury to the prejudice of plaintiff. We therefore vacate the judgment and remand for a new trial.

Plaintiff, a fifty-five-year-old man, was...

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