Connor v. Hayworth

It was said in Pendergraft v. Royster, 203 N. C., 384, 166 S. E., 285, that “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 *724treatment prescribed in tbe failure to successfully effect a remedy or to accomplish as good results as some one else might have done. A doctor is neither a warrantor of cures nor an insurer.”

The evidence discloses that the plaintiff sustained terrible injuries and doubtless suffered great pain and discomfort, but injury and…