Hyder v. Weilbaecher

MARTIN (Harry C.), Judge.

Plaintiffs’ assignments of error relate solely to exceptions taken to several portions of the trial court’s instructions to the jury. As the doctrine of res ipsa loquitur is applicable to the facts of the case and critical to an understanding of the alleged errors in the jury charge, we will first review the law in this area.. , A surgeon is not ordinarily an insurer of the success of his operation, and in malpractice actions there is generally no presumption of negligence in the failure to successfully effect a remedy. Starnes v. Taylor, 272 N.C. 386, 158 S.E. 2d 339…