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WHEELESS v. MARIA PARHAM MEDICAL CENTER

No. COA14-612.

768 S.E.2d 119 (2014)

Clifford Roberts WHEELESS, III, M.D., Plaintiff, v. MARIA PARHAM MEDICAL CENTER, INC., Henderson/Vance Healthcare 1, Inc. f/k/a Maria Parham Anesthesia And Physiatry, Inc. d/b/a Northern Carolina Surgical Associates, Cynthia Robinson, M.D., individually and as an employee and/or Agent of Henderson/Vance Healthcare I, Inc., and/or Maria Parham Medical Center, Inc., Joseph Mulcahy, M.D., individually and as an employee and/or Agent Henderson/Vance Healthcare I, Inc., and/or Maria Parham Medical Center, Inc., Robert Noel, Jr., M.D., individually and as an Employee and/or Agent of Henderson/Vance Healthcare I, Inc., and/or Maria Parham Medical Center, Inc., Robert Singletary, individually and/or CEO and employee and/or Agent of Henderson/Vance Healthcare I, Inc., and/or Maria Parham Medical Center, Inc., John/Jane/It Doe 1 through 5, individually and as an Employee and/or Agent of Henderson/Vance Healthcare I, Inc., and/or Maria Parham Medical Center, Inc., Defendants.

Court of Appeals of North Carolina.

December 2, 2014.

Attorney(s) appearing for the Case

The Law Office of Colon & Associates, PLLC, Wake Forest, by Arlene L. Velasquez-Colon , and Congdon Law, Fuquay Varina, by Jeannette Griffith Congdon , for plaintiff-appellant.

Womble Carlyle Sandridge & Rice, LLP, by James M. Powell and Theresa M. Sprain , for defendant-appellees Maria Parham Medical Center, Inc., Henderson/Vance Healthcare I, Inc. f/k/a Maria Parham Anesthesia and Physiatry, Inc. d/b/a Northern Carolina Surgical Associates, Maria Parham Medical Center, Inc., and Robert Singletary.

Yates, McLamb & Weyher, L.L.P., Raleigh, by Dan J. McLamb , Samuel G. Thompson, Jr. , and John B. Ward , for defendant-appellees Cynthia Robinson, M.D., Joseph Mulcahy, M.D., and Robert Noel, Jr., M.D.

Since defendants are health care professionals rendering professional services, they are not subject to liability for unfair and deceptive trade practices. Where plaintiff cannot show the existence of a physician-patient relationship, plaintiff's claim for medical malpractice must be dismissed. The doctrine of abatement is applicable...

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