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LANGWELL v. ALBEMARLE FAMILY PRACTICE, PLLC

No. COA09-891.

692 S.E.2d 476 (2010)

Vickie B. LANGWELL, Administrator of the Estate of Jeffrey A. Langwell, deceased, Plaintiff, v. ALBEMARLE FAMILY PRACTICE, PLLC; and Tamely Tyson, FNP, Defendants.

Court of Appeals of North Carolina.

May 4, 2010.

Attorney(s) appearing for the Case

C. Everett Thompson, II, Elizabeth City, and Baker, Jones, Daly & Carter, P.A., by Roswald B. Daly, Jr., Ahoskie, for Plaintiff-Appellee.

Walker, Allen, Grice, Ammons & Foy, L.L.P., by Jerry A. Allen, Jr. and O. Drew Grice, Jr., Goldsboro, for Defendants-Appellants.

STEPHENS, Judge.

I. Procedural History and Factual Background

On Monday, 19 May 2003 at around 9:00 a.m., Jeffrey Langwell presented to Albemarle Family Practice ("Albemarle") as an acute walk-in patient. Mr. Langwell was seen by Tamely Tyson, a family nurse practitioner employed by Albemarle. At that time, Mr. Langwell reported to Nurse Tyson that "earlier in the week he just didn't feel very good, but just kind of blew it off." Then on Friday, he...

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