Verdicts

In an unreported opinion, the Court of Appeals of North Carolina declared that a claim alleging an in-hospital injury should not have been dismissed for failure to state a claim simply because it was not first reviewed by a medical expert, as North Carolina law does not require expert review when the claim alleges ordinary negligence, brought under a theory of res ipsa loquitur. Alston v. Granville Health System, Slip Copy, 2010 WL 3633738 (Table) (N.C.App. 9/21/10).

The patient was injured when she fell off of a hospital gurney while unconscious and awaiting surgery. Her fall caused her to suffer injuries to her arm, leg, back and head. She did not recover from these injuries, and remained bed-ridden until her death more than four years later. The administrator of her estate brought suit against the hospital system and the doctor in charge of the patient alleging that the defendants were liable for negligence in allowing the decedent to fall off the gurney while under defendants' care. The defendants moved to dismiss for failure to state a claim upon which relief could be granted. The trial court granted their motions, finding that the claim was deficient for lack of review by a medical expert.