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BILLINGS v. ROSENSTEIN

No. COA04-1647.

619 S.E.2d 922 (2005)

Jennie Lynn BILLINGS and Everette Billings, Plaintiffs, v. Jerome H. ROSENSTEIN, M.D., Thomas J. Mascenik, M.D., and Foothills Center for Women, P.A., Defendants.

Court of Appeals of North Carolina.

October 18, 2005.

Attorney(s) appearing for the Case

Knott, Clark & Berger, L.L.P., by Bruce W. Berger, Raleigh, and L.G. Gordon, Jr., Winston-Salem, for plaintiff-appellants.

Wilson & Iseman, L.L.P., by G. Gray Wilson, Linda L. Helms, and Maria C. Papoulias, Winston-Salem, for defendant-appellee Thomas J. Mascenik.

WYNN, Judge.

To establish the relevant standard of care for a medical malpractice action, an expert witness must demonstrate that he is familiar with the standard of care in the community where the injury occurred, or the standard of care of similar communities. N.C. Gen.Stat. § 90-21.12 (2004). In this case, the doctor could testify, as an expert witness, about the relevant standard of care, as he established that...

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