Davis v. Pittman

Pee Cueiam.

The plaintiff does not contend that there is liability on the part of the defendant Dr. R. L. Pittman, but the plaintiff contends that the court was in error in sustaining defendant’s motion to nonsuit as to Dr. W. T. Parker at the close of the plaintiff’s evidence. We see no error in the ruling of the court below.

In Pendergraft v. Royster, 203 N. C., 384 (393), it is written: “The general rule is to the effect that there is in malpractice actions no presumption of negligence from error of judgment in the diagnosis by a doctor of the patient’s illness, or in the treatment…