STINCHCOMB v. PRESBYTERIAN MEDICAL CARE

Nos. COA10-478, COA10-843.

710 S.E.2d 320 (2011)

Matthew Douglas STINCHCOMB, Plaintiff v. PRESBYTERIAN MEDICAL CARE CORP., the Presbyterian Hospital, Presbyterian Orthopaedic Hospital, LLC, Novant Health, Inc., Novant Health Southern Piedmont Region, LLC, OrthoCarolina, P.A., Charlotte Orthopedic Specialists, P.A., Craig D. Brigham, M.D., Lorraine Williams, L.P.N., Tonya Davis, R.N., Kittisha a/k/a "Kitty" Mills, R.N., Page Landrum, R.N., Kathryn Baxter, R.N., and Maura Huffman, R.N., Defendants.

Court of Appeals of North Carolina.

May 3, 2011.


Attorney(s) appearing for the Case

Ellis & Winters LLP, Greensboro, by J. Donald Cowan, Jr. , and Charles G. Monnett III & Associates, Charlotte, by Randall J. Phillips and Charles G. Monnett, III , for Plaintiff.

Lincoln Derr, PLLC, Charlotte, by Sara R. Lincoln and Shannon Sumerell Spainhour , for Defendants OrthoCarolina, P.A., Charlotte Orthopedic Specialists, P.A., and Craig D. Brigham, M.D.

Shumaker, Loop & Kendrick, LLP, Charlotte, by Scott M. Stevenson , John D. Kocher , and Christian H. Staples , for Defendants Presbyterian Medical Care Corp., The Presbyterian Hospital, Presbyterian Orthopaedic Hospital, Novant Health, Inc., Novant Health Southern Piedmont, LLC, Tonya Davis, R.N., Maura Huffman, R.N., Page Landrum, R.N., and Lorraine Williams, L.P.N.

Yates, McLamb & Weyher, L.L.P., Raleigh, by Barry S. Cobb and Katherine E. Fisher , for Defendant Kathryn Baxter, R.N.

Carruthers & Bailey, P.A., Winston-Salem, by J. Dennis Bailey and Jessica Harris Telligman , for Defendant Kittisha Mills, R.N.


STEPHENS, Judge.

I. Factual Background

Plaintiff Matthew Stinchcomb is a former professional football player most recently of the National Football League team, the Tampa Bay Buccaneers. On 18 October 2005, Defendant Dr. Craig D. Brigham performed lumbar disc surgery on Plaintiff. During the surgery, Plaintiff's dura was injured in what is termed an incidental durotomy. Due to repairs required to correct the incidental durotomy, Plaintiff's surgery...

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