O'Mara v. Wake Forest University Health Sciences

Supreme Court of North Carolina

O'Mara v. Wake Forest University Health Sciences

362 N.C. 85

CourtSupreme Court of North Carolina

DecidedDecember 6, 2007

DocketNo. 414P07

StatusPublished

Cited by1 cases

This text of 362 N.C. 85 (O'Mara v. Wake Forest University Health Sciences) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Mara v. Wake Forest University Health Sciences, 362 N.C. 85 (N.C. 2007).

Pincite

Opinion

ORDER

The Court allows plaintiffs’ petition for discretionary review as to plaintiffs’ issues Number 1 and Number 2:

(1) Does a medical malpractice expert’s reliance on a national standard of care automatically disqualify the witness from testifying under G.S. § 90-21.12?; and

(2) When a medical malpractice expert testifies to the existence of a national standard of care, and no evidence is presented regarding the congruity between that national standard and the community standard under G.S. § 90-21.12, should it be presumed that the community standard differs from, or instead conforms to, the national one?

Plaintiffs’ petition for discretionary review as to the remaining issues is denied.

By order of the Court in Conference, this 6th day of December 2007.

Hudson, J. For the Court

[86]*86[[Image here]]

[87]*87[[Image here]]

[88]*88[[Image here]]

[89]*89[[Image here]]

[90]*90[[Image here]]

[91]*91[[Image here]]

[92]*92[[Image here]]

Free access — add to your briefcase to read the full text and ask questions with AI