Hayes v. Peters

STEELMAN, Judge.

Plaintiff's complaint did not sufficiently state a claim for medical malpractice under the common law doctrine of res ipsa loquitur, thus the trial court properly dismissed it pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6).

In January of 2004, Ivan Hayes ("plaintiff") reported difficulty swallowing to his primary care physician. Plaintiff was referred to Dr. Randy Alan Peters ("Dr. Peters"), a specialist in Gastroenterology. On 23 January 2004, plaintiff was placed under general anesthesia for an esophagastroduodenoscopy ("procedure") ordered by Dr. Peters. About twenty…