HAYES v. PETERS

No. COA06-1157.

645 S.E.2d 846 (2007)

Ivan HAYES, Plaintiff, v. Randy Alan PETERS, M.D., Salem Gastroenterology Associates, P.A., and Forsyth Memorial Hospital, Inc., Defendant.

Court of Appeals of North Carolina.

June 19, 2007.


Attorney(s) appearing for the Case

Hatfield, Mountcastle, Deal, Van Zandt & Mann, L.L.P., by John P. Van Zandt, III, and Marc Hunter Eppley, Winston-Salem, for plaintiff-appellant.

Wilson & Coffey, L.L.P., by Linda L. Helms, Winston-Salem, for defendant-appellees Randy Alan Peters, M.D., and Salem Gastroenterology Associates, P.A.

Horton and Gsteiger, P.L.L.C., by Elizabeth Horton, Winston-Salem, for defendant-appellee Forsyth Memorial Hospital, Inc.


STEELMAN, Judge.

Plaintiff's complaint did not sufficiently state a claim for medical malpractice under the common law doctrine of res ipsa loquitur, thus the trial court properly dismissed it pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6).

In January of 2004, Ivan Hayes ("plaintiff") reported difficulty swallowing to his primary care physician. Plaintiff was referred to Dr. Randy Alan Peters ("Dr. Peters"), a specialist in Gastroenterology....

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