Nelson v. Patrick

WHICHARD, Judge.

Defendants contend the court erred in allowing plaintiff’s expert witness, Dr. Montana, to testify about the standard of medical care and acceptable practice in Chapel Hill. They argue that no evidence showed that Chapel Hill was a community similar to Kinston, where defendants practiced, and that therefore Dr. Montana’s testimony was irrelevant and its admission was prejudicial.

Plaintiff’s first evidence was the following sworn testimony of defendant Patrick from his deposition:

Q. To your knowledge, Dr. Patrick, in November, 1976, in those communities which have been named,…