Tice v. Hall

WELLS, Judge.

The question we decide in this case is whether plaintiff’s evidence was sufficient to raise a jury issue on a violation of the standard of care incorporated in G.S. 90-21.12, which provides:

In any action for damages for personal injury or death arising out of the furnishing or the failure to furnish profes*28sional services in the performance of medical, dental, or other health care, the defendant shall not be liable for the payment of damages unless the trier of the facts is satisfied by the greater weight of the evidence that the care of such health care provider was not in…