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O'Mara v. Univ. Health Sciences

Supreme Court of North Carolina
Dec 7, 2007
362 N.C. 85 (N.C. 2007)

Opinion

No. 414P07.

Filed December 7, 2007.


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.


Summaries of

O'Mara v. Univ. Health Sciences

Supreme Court of North Carolina
Dec 7, 2007
362 N.C. 85 (N.C. 2007)
Case details for

O'Mara v. Univ. Health Sciences

Case Details

Full title:JOSEPH O'MARA, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, LARRY…

Court:Supreme Court of North Carolina

Date published: Dec 7, 2007

Citations

362 N.C. 85 (N.C. 2007)