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ESTATE OF WATERS v. JARMAN

No. COA00-510.

547 S.E.2d 142 (2001)

The ESTATE OF John WATERS, Swannie Taylor Waters, Administratrix, Plaintiff, v. Wayne Thomas JARMAN; John Berry; Kinston Surgical Associates, P.A.; Robert William Bynum; Eastern Nephrology Associates, PLLC; Lenoir Memorial Hospital, Inc. d/b/a Lenoir Memorial Hospital, Defendants.

Court of Appeals of North Carolina.

June 5, 2001.

Attorney(s) appearing for the Case

Faison & Gillespie, by O. William Faison and John W. Jensen, Durham, for plaintiff-appellant.

Harris, Shields, Creech and Ward, P.A., by Robert S. Shields, Jr., New Bern, for defendant-appellees.

MARTIN, Judge.

This action arises out of medical treatment provided by Drs. Wayne Jarman, Robert Bynum and John Berry to John Waters [hereinafter "decedent"] at Lenoir Memorial Hospital [hereinafter "defendant hospital"] from 8 June 1997 through 20 June 1997. Decedent was transferred to Pitt County Memorial Hospital on 20 June and died on 6 August 1997. The complaint alleges negligence on the part of the three physicians for failing to diagnose appendicitis and asserts...

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