Preview:

VERNON HUFFMAN, Plaintiff v. JOSEPH T. INGLEFIELD, M.D., Defendant No. COA00-1101 (Filed 28 December 2001) 1. Medical Malpractice--affidavit concerning standard of care-motion to strike

The trial court did not err in a medical malpractice case by denying plaintiff patient's motion to strike defendant doctor's affidavit stating that he was familiar with the standards of practice among physicians with training and experience similar to his own and that his treatment of plaintiff conformed in all respects to the accepted standards of practice in his community, because: (1) there is no mention of this motion to strike being denied in the trial court's order of 27 June 2000 or in any other order included in the record; (2) plaintiff failed to properly preserve this assignment for appeal, N.C. R. App. P. 10(b); and (3) even though defendant's affidavit did not meet the scheduling order deadline for disclosing medical experts, denying plaintiff's motion to strike this affidavit would not have been error since it would not have precluded defendant from testifying on his own behalf. 2. Medical Malpractice--affidavit concerning standard of care-medical expert required--summary judgment

The trial court did not err in a medical malpractice case by granting defendant's motion for summary judgment under N.C.G.S.

Download 00-1101-7.pdf

South Carolina Law