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GAUSE v. NEW HANOVER REGIONAL MED. CENTER

No. COA16-595.

795 S.E.2d 411 (2016)

Joyce Vera Livingston GAUSE, individually, Natalie Gause, as GAL on behalf of Joyce Vera Livingston and Vertis Gause, individually, Plaintiffs, v. NEW HANOVER REGIONAL MEDICAL CENTER, Defendant.

Court of Appeals of North Carolina.

Filed: December 30, 2016.

Attorney(s) appearing for the Case

The Law Offices of Adam Neijna, PLLC, Raleigh, by Adam M. Neijna , for Plaintiffs-Appellants.

Harris, Creech, Ward & Blackerby, P.A., by Heather M. Beam , R. Brittain Blackerby , and Jay C. Salsman , New Bern, for Defendant-Appellee.

Linwood L. Jones , Raleigh, for North Carolina Hospital Association, amicus curiae.

When a hospital patient injured in a fall during an x-ray examination brings a claim for ordinary negligence, but pre-trial discovery reveals that the fall occurred when the x-ray technician was rending services requiring specialized skill and clinical judgment, the claim sounds in medical malpractice and is subject to dismissal based...

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