Legal Opinion

Hawkins v. SSC HENDERSONVILLE OPERATING CO.

Court of Appeals of North Carolina

Decided March 2, 2010No. COA09-23PublishedCited by 2 opinions

1Opinion of the Court

BRYANT, Judge.

The plaintiff in a medical malpractice action must tender an expert who can testify to a familiarity with the standards of practice in the same or a similar community as defendant. 1 In the present case, plaintiff sought to establish the standard of care applicable to the care provided to her 86-year-old husband by defendant nursing home through the testimony of three medical experts. Because these witnesses testified regarding a national standard of care rather than the standards of practice in the community in which defendant is located, we reverse the denial of defendant’s…

2Cases cited10 opinions

  1. Crocker v. RoethlingSupreme Court of North Carolina · 2009
  2. Goins v. PuleoSupreme Court of North Carolina · 1999
  3. Brooks v. Wal-Mart Stores, Inc.Court of Appeals of North Carolina · 2000
  4. Smith v. WhitmerCourt of Appeals of North Carolina · 2003
  5. Haney v. AlexanderCourt of Appeals of North Carolina · 1984

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3Cited by2 opinions

  1. Estate of Martha S. French v. Stratford HouseTennessee Supreme Court · 2011
  2. Estate of Martha S. French v. Stratford HouseTennessee Supreme Court · 2011

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