Whitaker v. Akers

EAGLES, Chief Judge.

This is a medical malpractice case arising out of the treatment of plaintiff James Whitaker by the late Dr. Richard E. Akers, a urologist from High Point. The plaintiff substituted Peggy H. Akers, the executrix of Akers’ estate, after Dr. Akers’ death.

Plaintiff was in his early sixties when he first visited Dr. Akers. On that visit, plaintiff complained of urological problems. These problems included pain and difficulty in urinating, pain in both hips and his testicles, and noctumia. Dr. Akers treated plaintiff’s condition with a surgical procedure known as a transurethral…