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HAWKINS v. SSC HENDERSONVILLE OPERATING CO.

No. COA09-23.

690 S.E.2d 35 (2010)

Hazel S. HAWKINS, as Personal Representative of the Estate of Neal Hawkins, Jr., deceased, and as Personal Representative of the Statutory Beneficiaries, Plaintiff, v. SSC HENDERSONVILLE OPERATING COMPANY, LLC d/b/a The Brian Center Health and Rehabilitation-Hendersonville, Defendant.

Court of Appeals of North Carolina.

March 2, 2010.

Attorney(s) appearing for the Case

Poliakoff and Associates, P.A., by Gary Poliakoff and Raymond Mullman, Jr., Spartanburg, for plaintiff-appellee.

Ellis & Winters, LLP, by Leslie C. O'Toole, Raleigh; Proskauer Rose LLP, by Malcolm J. Harkins, III, Washington, DC; and Proctor & Ervin, P.C., by Lori Proctor, Houston, TX, for defendant-appellant.

BRYANT, Judge.

The plaintiff in a medical malpractice action must tender an expert who can testify to a familiarity with the standards of practice in the same or a similar community as defendant.1 In the present case, plaintiff sought to establish the standard of care applicable to the care provided to her 86-year-old husband by defendant nursing home through the testimony of three medical experts. Because these witnesses testified regarding...

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