Court upholds wrongful death finding
The N.C. Court of Appeals upholds a million-dollar wrongful death judgment against Dr. Richard A. Weintraub and the Southeastern Heart and Vascular Center, P.A.
The case involved the 2003 death of Margaret Swink. Defendants contended on appeal that the "trial court erred in admitting opinion testimony from plaintiff's medical experts as to whether defendants exercised reasonable care and diligence and used their best judgment without requiring the experts to testify, as to those opinions, regarding the 'same or similar community' standard of care set out in N.C. Gen. Stat. § 90-21.12 (2007)."
The appeals court responded that "the Supreme Court has already determined in Wall v. Stout, 310 N.C. 184, 311 S.E.2d 571 (1984), that § 90-21.12 does not apply to the duty of reasonable care and diligence and the duty of best judgment. Only the Supreme Court may revisit Wall. Since we are unpersuaded by defendants' remaining arguments as to the trial, we hold that defendants received a trial free of prejudicial error."
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